The High Court dismissed the writ petition challenging a bond executed for compulsory government service as a Senior Resident and the subsequent withholding of registration/NOC. The court held the matter was squarely covered by a previous judgment.
The writ petition was dismissed; the interim order dated 23.01.2023 was vacated.
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.
[3256 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION NO: 1644 OF 2023
Between:
| AND |
Sharath Kumar, S/o.KishanRaoThirumanawar, Aged.28Years, Occ.Doctor. R/o. H.No.4-180, Sonala Village,Boath,Adilabad, TelanganaState-504304 ...PETITIONER |
|---|---|
| I. |
TheStateofTelangana, Rep.,byitsPrincipalSecretary,Departmentof Health,IvledicalandFamily Welfare, Secretariat Building,Hyderabad, Telangana. |
| 2. |
The Directorate offMedicalEducation, GovernmentofTelangana,DIVandHS Campus, KutbiGuda,Koti,Hyderabad,Telangana-500001,Rep.,byits Director. |
| 3. 4. |
TelanganaStatel\4edicalCouncil, Sultan Bazaar,NearPost Office,Opposite Womens College,Hyderabad- 500009, Rep.,byits Registrar Government Medical College, Nirmal, Stateof Telangana. |
| 5. |
Osmania Medical College,furrebaazKhan Road,Koti,Hyderabad-500001, Rep.,by its Principal. |
| 6. |
KNRUniversityofHealth Sciences, Warangal, Telangana State-506007, Rep.,byitsRegistrar. |
| 7. | M/s.MedialResearchFoundation,(M/s.ShankaraNethalayaHospital) Registered under ActXXIoftheTamilnaduSocietiesRegistrationAct,1860, New No.41lOldNo.18,CollegeRoad,Chennai-600006 |
| (RespondentNo.7is notnecessary partytothepresentWritpetition,asno relief issought againstthem) ...RESPONDENTS |
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant an order. direction or writ, more so in the nature of Writ of lvlandamus or Quo Warranto, declaring the action of the Respondent Nos. 2, 5 and 6 in obtaining bond for Rs.20,00,0001 at the time of admission of the Petitioner into the Post Graduate course, and further, the action of the 2nd Respondent in issuing notification dated 18/08/2022 for compulsory Government Service for Senior Residents 2022 for the 2019 batch of Post Graduates who have passed in 2022 and action of the 3rd Respondent in withholding issuance of No Objection Certificate and Registration of the Petitioners Post Graduate Degree under theprovisions of Section 15 of the TelanganaMedical
I
Practitioners Regislration Act, 1968 and insisting on the Petit oner tojoin as "Senior Resident" )n the file of the 4th Respondent as ill,agal, arbitrary and highhanded, withor-t authority and ,,urisdiction. apart from being contrary to the intention of the Sta e Legislature in introducing the L.A. Bill No. :2 of 2018 dated 2010312018 and ar rending/omitting/repealing theprovisior s of the Telangana It/edical Practitioners Registration Act, 1968, relating to m:rn Jat,rry government service for Post Grzrduates vide Amendment Act No- 6 of 2ll B,,rver and above the Prospectus issrred by the 6th Respondent university fcr the PG Medical Degree and Diplom.r Course for the academicyear 2019- 110 in violation of the fundamental rights guaranteed under Articles t , 19(1Xg) zrnd 21 of the Constitution of lndia and in violation of theprovisions of the: T-elerngana Medical Practitioners Registration Act, 1968 with a consequentialpra /er to;
Declare that that bond obtained from the Petition-.r on 04/0512019 at (i) the time r,f admission into the PG Course' as ilegal arbitrary and highhande J, without authority andjurisdiction, be,rond the scope and conditions of the Prospectus issued by the(lth R€,sl)ondent university for the PG lrledical Degree and Diploma Course for the academic year 2019 - 2( and against the provisions of the T<:larrgana Medical Practitione s Registration Act, 1968'
(ii) set aside tlre notification dated 18/08/2022 for compulsory Government Service fo' Senior Residents 2022 for the 2C1 o tratch of Post Graduates who have passed rn 2022 along with the f)osting orders daled 2410112022 and declare that the same are not lrinding on the Petitioner;
lA NO: 1 OF 2023
Petition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed ir support of the petition, the High Court may be pleased to direct the Respondert Nos.2 and 3 to issue NOC and(lertifi(:ale cf Registration to the Petitioner in accordance with Section 15 of the l-e an1;ana Medical Practitioners Registra :ion Act, 1968.
lA NO: 2 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of lhe petition, the High Court may be pleased to permit the Petitioner to join Fellowship Program on the file of the 7th Respondent by suspending the posting orders dated 2410812022.
lA NO: 3 OF 2023
BETWEEN
AND
in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order daled 2310112023passed in l.A.No.1 of 2023 in W.P No.1644 ol 2023.
Counsel for the Petitioner: SRI V.MURALI MANOHAR Counsel for the Respondents: AGP FOR MEDICAL HEALTH & FW The Court made the following: ORDER
TIIE HON,BLE SRI JI,STICE MUMMINENI SIJDHEE]R I.:UMAR 'WRIT PETITION No.1644 OF 2023
ORDER:
Heard learnctl counsel lbr the petitioner a nrl Iezrrned Assistant Clo re rnment Pleacler lirr Health, Medic.ll and F'am.ily Welfare for th : re spondcn ts.
:'.7:: \iSK.J \YP I6{+ 102-l
rvhcrein thc vcry samc noLifioatior-r, datod 18.08,2022, was challenged. Howcvcr, learncd counscl for the petitioner tried to contend that the relief sought in tfris Writ Petition is not covered by the said order and placed reliancc on a decision rendered by the High Court of Madras in the case of S.Rajesh v. The State of
Tamil Nadu and othersr.
MANU/TN/1408/2008
3
NISK-.J \'P l6.l.t 202j
judgmcnt relrrred to above and the issue involvt:d in this Writ Petition is squa.rely covered by the order passecl by thir; Court in Writ Petition No.33966 of 2022. The saidjudgment',vas; rendered by this Court by following the law Iaid down by th: Ho:r'ble Apex iourt in the case of Association of Medical Surper Specialty
Aspirants anil Residents & others v. Union of India & others2, wherein the Hon'ble Apex Court held that a candidate having executed a Bc nd to serve the State for a perio',1 of one ye ar cannot question the iLction of the State in obtair-ring the Bor-rcl or in taking steps to execu te the said Bond.
As a se<,uel, miscellaneous petitions, pending il any in this
Writ Petition, t.hall stand dismissed. No costs.
'1zots18 scc607
St)/-B.:SARASWATHI / ASSIS;T,qN'T REGISTRAR / sEcltoN 8rr,..*
//TRUE COPY//
l
To 1 One CC to SRI VMURALIMANOHAR,Advocate [()PUC] 2 TwoCCstoGF'FORMEDICALHEALTH&FW'Hit;hCoLrrtfortheStateot Telangana atF Yderabad [OUT] 3 Two CD CoPier; BSR GJP
HIGH COURT
DATED: 1310$12023
ORDER
WP.No.1644 c,f 2023
S lArE OF
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DISMISSING I'HE WRIT PETITION,
WITHOUT COSTS
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2 issues framed by the court
Whether a candidate having executed a bond to serve the State for one year can question the State's action in obtaining the bond or executing it.
Whether the notification dated 18.08.2022 regarding compulsory Government service for Senior Residents 2022 for the 2019 batch of Post Graduates is binding on the petitioner.
Colour shows how this judgement treated each authority
S.Rajesh v. The State of Tamil Nadu and othersReferred¶41
S.Rajesh v. The State of Tamil Nadu and others
Association of Medical Super Specialty Aspirants and Residents & others v. Union of India & othersFollowed¶48
Association of Medical Super Specialty Aspirants and Residents & others v. Union of India & others
Writ Petition No.33966 of 2022Relied on¶43
Writ Petition No.33966 of 2022
Sharath Kumar
The State of Telangana
The Directorate of Medical Education, Government of Telangana
Telangana State Medical Council
Government Medical College, Nirmal
Osmania Medical College
Mummineni Sudheer Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
