High Court quashed compulsory service bonds imposed by ESIC Medical College on PG medical graduates. Court relied on a prior ruling to declare no legal basis for 3-year service insistence and directed stipend payment.
Quashing of bonds; Declaration on no legal basis for 3-year service; Direction to pay stipend.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No. 27538 OF 2019 c/w W.P.No.29463 OF 2019
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2020
BEFORE
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.27538 OF 2019 C/W WRIT PETITION No.29463 OF 2019 (EDN-RES)
IN W.P.NO.27538 OF 2019
BETWEEN:
W/O DR. FAIYAZ ABDUL JABBAR AGED ABOUT 28 YEARS OCCU: DOCTOR NO.45, 3RD CROSS KODANDARAMAPURAM MALLESHWARAM, BENGALURU-560003
D/O ASHOK KUMAR AGED ABOUT 28 YEARS OCCU: DOCTOR
W.P.No. 27538 OF 2019 c/w W.P.No.29463 OF 2019
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NO.769, 3RD STAGE R S NAIDU NAGAR, MYSORE-570007
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SUVARNA NAGAR, DODDABIDARKAL NAGASANDRA (P), BENGALURU-560073
...PETITIONERS
(BY SRI. I R BIRADAR, ADVOCATE)
AND:
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VIKASA SOUDHA, BANGALORE-560001 REPRESENTED BY ITS SECRETARY
(BY SRI SANDESH KUMAR.M, HCGP FOR R1; SRI. N. RAMESH, ADVOCATE FOR R2 & R6; SMT. GEETHA DEVI M.P, ADVOCATE FOR R3 & R4; SRI. T.S. HIREMATH, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE AND HOLD THAT THE R-3 AND 4 HAVE NO LEGAL BASIS TO INSIST UPON THE PETITIONERS TO COMPULSORY SERVE FOR A PERIOD OF 3 YEARS UPON COMPLETION OF THEIR PG COURSE AT THE R-4 COLLEGE AND ETC.
W.P.No. 27538 OF 2019 c/w W.P.No.29463 OF 2019
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IN W.P.NO.29463 OF 2019 BETWEEN:
W.P.No. 27538 OF 2019 c/w W.P.No.29463 OF 2019
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R.B.I.LAYOUT BANGALORE-560078
(BY SRI. I R BIRADAR, ADVOATE)
AND:
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W.P.No. 27538 OF 2019 c/w W.P.No.29463 OF 2019
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GOVERNMENT OF INDIA, NIRMAN BHAVAN MOULANA AZAD ROAD NEW DELHI-110108 REPRESENTED BY ITS SECRETARY
...RESPONDENTS
(BY SRI.SANDESH KUMAR, ADVOCATE FOR R1; SRI. N. RAMESH, ADVOCATE FOR R2 & R6; SMT. GEETHA DEVI. M.P, ADVOCATE FOR R3 & R4; SRI. T.S. HIREMATH, ADVOCATE FOR R5; SRI. D.S. HIREMATH, ADVOCATE FOR R7; SRI. SHASHIKANTH.C, ASG FOR R8; SRI. KHETTY, ADVOCATE FOR R9 & R10)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE AND HOLD THAT THE R-3 AND 4 HAVE NO LEGAL BASIS TO INSIST UPON THE PETITIONERS TO COMPULSORY SERVE FOR A PERIOD OF 3 YEARS UPON COMPLETION OF THEIR PG COURSE AT THE R-4 COLLEGE AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THROUGH VIDEO CONFERENCE THE COURT MADE THE FOLLOWING:
ORDER
W.P.No. 27538 OF 2019 c/w W.P.No.29463 OF 2019
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years upon completion of their PG course at respondent No.4-college; as also for a writ of mandamus directing respondents No.3 and 4 to pay stipend payable to the petitioners as per 7th Central Pay commission with effect from May 2016; and for a
mandamus directing respondents No.3 and 4 to return the original certificates/documents relating thereto.
W.P.No. 27538 OF 2019 c/w W.P.No.29463 OF 2019
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insist upon the petitioners to compulsorily serve for a period of three years.
Petitions are accordingly partly allowed.
Sd/JUDGE
ln
3 issues framed by the court
Whether there is any legal basis for respondents to insist upon petitioners to compulsorily serve for a period of 3 years upon completion of their PG course.
Whether respondents are directed to make payment of stipend as per 7th Central Pay Commission.
Whether a writ of mandamus shall be issued directing respondents to return original certificates.
Colour shows how this judgement treated each authority
Shabana Salahudheen and Others v Union of IndiaFollowed¶87
Shabana Salahudheen and Others –v Union of India and others [W.P.No.2936568/2018 and connected petitions]
2 provisions across 2 enactments
DR. SHIVAKUMAR M ALGUD AND OTHERS
THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE
KARNATAKA EXAMINATION AUTHORITY
EMPLOYEES STATE INSURANCE CORPORATION MEDICAL DIVISION-IV
EMPLOYEES STATE INSURANCE CORPORATION ESIC MEDICAL DENTAL AND NURSING COLLEGE
KARNATAKA MEDICAL COUNCIL
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
