HC stays State’s demand to fine doctors for “not serving” in government hospitals

Notice issued to pay up to ₹5 lakh for “not serving” in government hospitals

June 13, 2017 12:22 am | Updated 12:22 am IST - Bengaluru

The Karnataka High Court on Monday stayed the notices issued by the State government to hundreds of medical graduates on paying up to ₹5 lakh fine for allegedly violating a bond, which they had signed stating they would serve in government hospital after completion of their PG/diploma courses during their postgraduate/diploma courses in medicine more than four years ago, stating they would serve in government hospital after completion of their courses.

Justice G. Narendar passed the interim order on the petitions filed by Divya and 199 other doctors, many of whom are presently working in private hospitals at different places.

The petitioners questioned the notice issued by the Department of Health and Family Welfare on May 20, 2017, asking them petitioners to pay the fine as per the bond and also the notice issued by the Karnataka Medical Council, which has asked them why their registration should not be suspended in terms of communication issued by the State government for the alleged “misconduct” of violating the bond.

The petitioners said the government had not offered or intimated them about any suitable jobs in the government hospitals soon after they completed their courses, is now alleging that the petitioners have violated the assurances given through the bond.

Claiming that the undertaking in the form of bonds were taken by the colleges when they were pursuing PG/diploma courses, the petitioners said the bond had only stated that “if required, they [candidates] should serve in government hospital.” The petitioners have also said that the bonds were “discriminatory”as they were secured under “duress” from only those who were allotted PG/diploma seats under government quota in private and government medical colleges and not for every one pursuing PG/diploma courses in medical colleges in Karnataka.

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