The Supreme Court on Friday suggested that there should be a uniform policy regarding compulsory rural service to be rendered by medical students. The Solicitor General agreed to get instructions from the Centre regarding such a pan-Indian policy.

A bench comprising Justice PS Narasimha and Justice Alok Aradhe was hearing a writ petition challenging a notification issued by the Karnataka Government that required the medical students to fulfil one year of compulsory public rural service in order to be eligible for permanent registration with the Karnataka Medical Council.

At the outset, Justice Narasimha remarked that the policy is very important. He suggested that a uniform policy should be formulated in this regard as medical students have an obligation towards nation building also.

It may be recalled that in May 2024, when the Court had issued notice, Justice Narasimha had questioned why private medical students should be exempted from working in rural areas.

Reiterating his concerns, Justice Narasimha today suggested that the subsidies by the States also play an important role because, at the end of the day, the students learning medicine are an asset to the State, which can be employed for the larger good.

He said: "It's a very important policy because no medical education is complete without States' subsidy at any point of time. Even if we don't think about States' subsidies, the technique of medicine or the science of medicine is a resource and that State must be entitled to challenge it."

The bench then ordered: "Learned Solicitor General asked to adjourn the case for three weeks in order to take instructions in need for formulating a policy. List after three weeks."

The Karnataka Compulsory Service Training by Candidates Completed Medical Courses Act, 2012, and subsequently framed the Karnataka Compulsory Service Training by Candidates Completed Medical Course Rules, 2015, mandates every MBBS graduate, every Post-Graduate (Diploma or Degree), and every Super Specialty candidate who has pursued their course of study either in a government university or on a government seat in a private/deemed university to render one year of compulsory public rural service.

Only after the fulfilment of this requirement will the requisite No-objection certificate (NOC) be issued, and this will enable the candidate eligible for permanent registration with the Karnataka Medical Council. As per the notification dated 28.07.2023, this requirement was extended to candidates enrolled in private seats in private/deemed universities.

Pertinently, in the petition it has been argued that the Candidates enrolled in private or deemed universities on private seats, who are pursuing their studies at significantly higher costs, constitute an intelligible differentia under Article 14 of the Constitution of India. Consequently, they are not to be subjected to compulsory service requirements, argued the petitioner.

To support this, the Top Court's decision in Association of Medical Super Speciality Aspirants Residents & Ors. Vs Union of India & Ors has also been cited. In this, the Court rejected the challenge against the imposition of compulsory bonds to be executed for admission to post-graduate medical courses and super speciality courses. However, at the same time, it was noticed that certain State Governments have rigid conditions in the compulsory bonds and therefore suggested that the Union of India and the Medical Council of India may take steps to have a uniform policy regarding the compulsory service to be rendered by the Doctors who are trained in government institutions.

In view of this projection, the writ petitioner has primarily prayed for the following two directions: “Issue a writ of mandamus or any other appropriate writ, order, or direction directing the Commissionerate of Health & Family Welfare Services to issue the required NOC to the petitioners without subjecting them to any affidavit of compulsory rural service. Issue a writ of mandamus or any other appropriate writ, order, or direction directing the Karnataka Medical Council to accept the Permanent Registration of the Petitioners.”

Case Details: ASHISH REDU Vs GOVERNMENT OF KARNATAKA|W.P.(C) No. 332/2024 Diary No. 22561 / 2024