Thread by @barandbench

Karnataka HC begins hearing a plea moved by PG Doctors against judgment upholding one year urban service rule.

Justices BV Nagarathna and Sanjay Gowda is hearing the plea.

#urbanservice
#doctors

Advocate Akkamahadevi Hiremath is appearing for the Petitioners in the appeal plea.

#servicetraining
#urbanservice
#doctors

Hiremath contends that the Government has issued a notification which was made one year urban service rule compulsory for all students including Management as well as NRI students, who have studied in Private colleges. They have not availed any benefit from Govt, Hiremath.

The one-year compulsory service was neither mentioned in the brochure, nor were the appellants made aware of the pending writ petitions relating to the said issue, Hiremath.

Bench: We will not pass any interim relief without hearing you.

Hiremath: I am ready to make submissions.

#urbanservice
#doctors

Hiremath speaks of the intent of Karnataka Compulsory Service Training by Candidates Completed Medical Course (KCS) Act, 2012.

Bench: This Act does not make a difference between Govt quota and Management quota. Every candidate has to undergo one year Compulsory service.

As per the Govt notification, Hiremath states that PG Candidates will now be posted as trainees in Urban Areas. They have to be posted as "senior residents".

Bench: What is your grievance? You want PG students to be posted as senior residents?

Bench: We are not agreeing to the submission that this Act will not apply to Management Students. We find no merit in this contention. The Act mentions every candidate which includes ALL candidates.

Bench: What is so special about Management Students that they cannot do service in State for one year? .....They have no come from heaven because they have paid a higher fee. This comes under Articles 41 and 47 - It is the primary duty of State to take care of health etc

Hiremath claims that the one year urban service rule was not mentioned in the brochure nor were the students informed of the Petitions.

Bench replies by saying that ignorance of the law is not an excuse. The KCS Act was there from 2015, Bench.

Bench also makes a mention of the present situation where lack of doctors is an issue especially amid Covid.

Hiremath agrees to this.

Hiremath refers to Supreme Court Judgements which shows the jurisdiction of the State Govt to issue executive orders relating to compulsory service Bonds.

Bench: You are taking us to through Bonds, there is no bond here.

Hiremath: There is a penalty of Rs 15-30 Lakhs i, Milords.

Bench: That is only a penalty.

Hiremath: We have not gotten any benefit from State. We have paid lakhs and crores to do the course. I did not know of comp. service, it was not mentioned in the information bulletin as well.

Bench: Information Bulletin is not an Act. You need to know all acts relating to you

Hiremath: Once you finish your course, you become a professional. Once you are professional, you can practise anywhere under the IMC Act. Because a student has studied in Karnataka, they are forced render one year service in Karnataka.

Bench indulges in a discussion.

Justice Gowda asks State: What is the point of the All India Service Quota if Govt passes a law/notification mandating one year Compulsory service in the State.

Bench: Interpretation of who a candidate is, very important here

Bench: Why did you not challenge it earlier?

Hiremath: In the brochure, it was said that the service rule was applicable only for Govt quota students

Bench: We will not stay a judgement unless it is manifestly arbitrary. You are not the actual Petitioners

Hiremath: There was no occasion for us to file the petition.

Bench: Act was there.

Hiremath: But the Act was stayed. In that case, they should have given us a circular that the Act would be applicable to us(management students) also.

Hiremath submits that initially in the Act, the term "training" was used. This would apply to all students because this would be an expansion of the curriculum. However, the curriculum has already been decided by MCI.

So in 2017, the State made an amendment to the Act, removing the term "training" and added the term "service", Hiremath.

Hiremath: As it mentions the term service, we (management students) should not be forced to do that.

Court asks Advocate General to appear tomorrow and make submissions.