ASSOCIATION OF MEDICAL SUPER SPECIALITYASPIRANTS AND RESIDENTS & ORS. versus UNION OF INDIA & OTHERS

ASSOCIATION OF MEDICAL SUPER SPECIALITYASPIRANTS AND RESIDENTS & ORS. versus UNION OF INDIA & OTHERS

Compulsory service bonds imposed by State Governments as a condition of admission to post-graduate and super-speciality medical courses are within State executive and legislative competence; do not violate constitutional rights under Articles 14, 19(1)(g), 21, 23; do not amount to restraint of profession under Section 27 Contract Act or contracts of personal service under Section 14 Specific Relief Act; all doctors who have executed compulsory bonds are bound by their conditions. The Court suggests a uniform policy should be considered for compulsory service across States.

Parties
Petitioner: Association of Medical Super Speciality Aspirants and Residents; Respondent: Union of India
Jurisdiction
India
Judgment Date
19 August 2019
Procedural Posture
Writ Petition (civil) No.376 of 2018 / Final Judgment
Outcome
writ petitions and appeals dismissed
Legal Topics
Compulsory Service Bonds for Medical Graduates, State Executive Authority and Legislative Competence, Fundamental Rights—articles 14, 19(1)(g), 21, 23, 47, Restraint of Profession—section 27 Contract Act, Enforcement of Contracts of Personal Service—section 14 Specific Relief Act
Constitutional Law Contract Law Medical Education Compulsory Service Bonds for Medical Graduates State Executive Authority and Legislative Competence Fundamental Rights—articles 14, 19(1)(g), 21, 23, 47 Restraint of Profession—section 27 Contract Act Enforcement of Contracts of Personal Service—section 14 Specific Relief Act

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Parties

Association of Medical Super Speciality Aspirants and Residents

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) No.376 of 2018 / Final Judgment

Legal Issues

  1. 1 Competence of State Governments to issue notifications requiring compulsory bonds for medical graduates
  2. 2 Whether compulsory bonds violate Articles 14, 19(1)(g), 21, 23 of the Constitution
  3. 3 Whether bonds constitute restraint on profession under Section 27 of the Contract Act and are enforceable under Section 14 Specific Relief Act

Ratio Decidendi

Compulsory service bonds imposed by State Governments as a condition of admission to post-graduate and super-speciality medical courses are within State executive and legislative competence; do not violate constitutional rights under Articles 14, 19(1)(g), 21, 23; do not amount to restraint of profession under Section 27 Contract Act or contracts of personal service under Section 14 Specific Relief Act; all doctors who have executed compulsory bonds are bound by their conditions. The Court suggests a uniform policy should be considered for compulsory service across States.

Court Disposition

writ petitions and appeals dismissed

Orders

  • All doctors who have executed compulsory bonds shall be bound by the conditions contained therein.
  • Union of India and Medical Council of India suggested to take steps for a uniform policy on compulsory service bonds.