New Delhi: Can a graduating medical student seek exemption from one year of public rural service just because he has studied in a private medical college?
The proposal came from a vacation bench of the Supreme Court comprising Justices PS Narasimha and Sanjay Karol, which was hearing a petition filed by five MBBS students graduating from private seats of a deemed university in Karnataka.
The petitioners have sought a direction to the Commissionerate of Health and Family Welfare Services, Government of Karnataka, to issue them the necessary No Objection Certificate (NOC) without giving them an affidavit regarding compulsory rural service.
The top court, which issued notice to the Karnataka government and others seeking their response on the plea, said, "Just because you go and study in a private institution, you are exempted from working in rural areas?"
The plea, filed through advocate Meenakshi Kalra, also sought direction to the Karnataka Medical Council to accept the permanent registration of the petitioners.
The bench asked, “You come and go in India and work in different rural areas. It is a very beautiful thing to do." Asking whether students studying in private institutions have no responsibility to contribute to nation building.
The petitioners have stated that the Government of Karnataka had enacted the Karnataka Compulsory Service Training Act, 2011 for completing the medical course by the candidates and thereafter enacted the Karnataka Compulsory Service Training Rules, 2015 for completing the medical course by the candidates.
The combined effect of the Act and the rules, the petition said, "mandates that every MBBS graduate, every postgraduate (diploma or degree) and every super specialist candidate who has completed his or her course of study from either a government university or a government university. seat in a private/deemed university, must fulfill the mandatory obligation of rendering one year of compulsory public rural service before being eligible for permanent registration with the Karnataka Medica Council.
Citing the notification dated July 28, 2023, issued by the Commissionerate, the petition said that this includes candidates enrolled on private seats in private/deem universities."Candidates enrolled on private seats in private/deemed universities have to study at a significantly higher cost, which is a sensible difference as per the jurisprudence of Article 14 (equality before law) of the Constitution of India," the plea said. As a result, these are not subject to mandatory service requirements.
The proposal came from a vacation bench of the Supreme Court comprising Justices PS Narasimha and Sanjay Karol, which was hearing a petition filed by five MBBS students graduating from private seats of a deemed university in Karnataka.
The petitioners have sought a direction to the Commissionerate of Health and Family Welfare Services, Government of Karnataka, to issue them the necessary No Objection Certificate (NOC) without giving them an affidavit regarding compulsory rural service.
The top court, which issued notice to the Karnataka government and others seeking their response on the plea, said, "Just because you go and study in a private institution, you are exempted from working in rural areas?"
The plea, filed through advocate Meenakshi Kalra, also sought direction to the Karnataka Medical Council to accept the permanent registration of the petitioners.
The bench asked, “You come and go in India and work in different rural areas. It is a very beautiful thing to do." Asking whether students studying in private institutions have no responsibility to contribute to nation building.
The petitioners have stated that the Government of Karnataka had enacted the Karnataka Compulsory Service Training Act, 2011 for completing the medical course by the candidates and thereafter enacted the Karnataka Compulsory Service Training Rules, 2015 for completing the medical course by the candidates.
The combined effect of the Act and the rules, the petition said, "mandates that every MBBS graduate, every postgraduate (diploma or degree) and every super specialist candidate who has completed his or her course of study from either a government university or a government university. seat in a private/deemed university, must fulfill the mandatory obligation of rendering one year of compulsory public rural service before being eligible for permanent registration with the Karnataka Medica Council.
Citing the notification dated July 28, 2023, issued by the Commissionerate, the petition said that this includes candidates enrolled on private seats in private/deem universities."Candidates enrolled on private seats in private/deemed universities have to study at a significantly higher cost, which is a sensible difference as per the jurisprudence of Article 14 (equality before law) of the Constitution of India," the plea said. As a result, these are not subject to mandatory service requirements.