Court flags need for policy flexibility
New Delhi: The Supreme Court has suggested that state governments consider evolving a mechanism to allow meritorious postgraduate medical students to pursue super-speciality courses by deferring their mandatory service bonds, observing that such flexibility would ultimately benefit states by strengthening their public health systems with highly trained specialists.
Relief granted in individual case
Granting relief in the present matter, the apex court permitted deferment of bond service and directed the Himachal Pradesh government to release the doctor’s original documents so he could join his super-speciality course. The court, however, stressed that such relief must be backed by strict safeguards to ensure doctors return to complete their bond obligations.
Bench highlights risk of lost opportunity
A Division Bench of Justices J B Pardiwala and R Mahadevan noted that if candidates are compelled to complete bond service first, they may become ineligible for super-speciality courses despite high merit. The bench observed that rigid enforcement could result in deserving candidates losing rare academic opportunities.
Case background
The order was passed on January 28 while hearing a plea filed by Dr Chandran, who secured All India Rank 9 in the DM/MCh super-speciality entrance examination and was selected for counselling at Sree Chitra Tirunal Institute for Medical Sciences & Technology, Thiruvananthapuram. He had earlier completed his postgraduate degree and executed a two-year compulsory service bond with the Himachal Pradesh government.
State’s stand on bond obligation
The state contended that the bond was mandatory as postgraduate students receive stipends and subsidised education, and that the objective was to ensure doctors serve in rural and underserved areas before pursuing higher studies. It argued that permitting deferment would dilute the purpose of compulsory service.
Court’s broader observations
Taking note of rival submissions, the court observed that candidates who furnish bonds may also legitimately aspire to acquire higher qualifications. It suggested that states examine whether, in exceptional cases where candidates secure admission to reputed super-speciality institutions on merit, bond service could be deferred without undermining public interest.
Safeguards and undertaking ordered
In the present case, the court directed the doctor to file a written undertaking that he would return to Himachal Pradesh after completing the three-year super-speciality course and serve the mandatory two-year bond period. It further allowed the state to retain an undated cheque of Rs 40 lakh as a financial deterrent, warning that any breach would invite contempt proceedings.
Direction to state and concluding view
Exercising powers under Article 142 of the Constitution, the bench ordered immediate release of the doctor’s original certificates to enable him to join the course. It left it to the state to introspect and consider evolving a structured mechanism for deferment of bond service in exceptional merit-based cases, noting that specialists returning after advanced training would ultimately serve the state’s healthcare needs.
