The Karnataka High Court on Monday issued notice to the state government, Central Government and others in a petition filed by medical students seeking to declare the Karnataka Compulsory Service by Candidates Completed Medical Courses Act 2012 ("Compulsory Act"), which mandates one-year rural service for students, as a non est law.
Justice R Devdas while issuing the notice, recorded the submission made by the government advocate that as of now the State Government, Director of Medical Education/The Commissioner of Health and Family Welfare Department has not called for any counselling in respect of the allotment of Primary Health Centres/ Government Hospital for Compulsory Rural Service. The Marks Cards of the students can be directed to be issued, the government advocate said. The Court directed the State to pass necessary orders in that regard
The petition filed by Dr. Sharanya Mohan and 43 others through advocate Manik BT of Thiru and Thiru Chambers has challenged the validity of the notification dated 15.02.2021, issued by the Directorate of Medical Education, directing colleges to withhold all original documents of students who have completed their medical courses.
Further the petition also seeks the quashing of Rule 11 of the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Rules 2006, in so far as it relates to candidates admitted to the MBBS course executing bonds as it is ultra vires to the Karnataka Professional Education Institutions (Regulation of Admission and Determination of Fees) Act 2006 as well as National Medical Commission Act 2019.
It also seeks to quash Rule 12 of the Karnataka Compulsory Service Training by Candidates Completed Medical Courses (Counselling, Allotment and Certification ) Rules 2015, dated 24-7- 2015 in so far as it relates to issuance of completion certificate to candidates who have successfully completed rural service as not only ultra vires to the Karnataka Professional Education Institutions (Regulation of Admission and Determination of Fees) Act 2006 but ultra vires the University Grants Commission Act 1956 and National Medical Commission Act 2019 .
In 2019, the High Court has upheld the constitutional validity of Karnataka Compulsory Service Training by Candidates Completed Medical Courses Act, 2012 and Rules of 2015, which mandates all students who have enrolled for Graduation,
The fresh plea states that in light of the National Medical Commission (NMC) Act 2019, coming into force there is a paradigm shift that took place in medical education. Under the NMC Act, States have lost their right in regulating medical college admissions through policymaking and legislation. By this law, only the Central Government through the NMC Act has the power to regulate medical courses. However, the State Government's powers regarding maintaining reservations within the State quota have not been interfered with.
The plea states that notification issued by the DME stems out of the Compulsory Act which has become a non-est law in light of the NMC Act and by the upholding of National Eligibility cum Entrance Test (NEET) by the Constitution Bench of the Hon'ble Apex Court.
Further, it is said that many states in India do not have a compulsory rural service program. In such a case, the candidates from those states have a distinct advantage over Karnataka students; thus, there is no equality and there is a violation of fundamental rights.
It is also claimed that the state government has collected bonds from students as per Rule 11 of the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Rules 2006. The said Rule is ultra vires the Karnataka Professional Education Institutions (Regulation of Admission and Determination of Fees) Act 2006 as well as the Karnataka Educational Institutions Prohibition of Capitation Fee Act 1984 Act and the impounding of the documents of the Petitioners by Directorate of Medical Education, is illegal.
The matter will be next heard on April 21.