The interim relief granted earlier directing state government not to insist the appellants before the court (281 PG Doctors) should join their respective places for purpose of carrying out compulsory Urban service in terms of section 4 of the Karnataka Compulsory Training Service By Candidates Completed Medical Courses Act 2012(KCS Act) has again extended till November 3o by the Karnataka High Court.
Additional Government Advocate appearing on behalf of Additional Advocate General once again sought time to make submissions in the matter. A division bench of Justice B V Nagarathna and Justice N S Sanjay Gowda extended the relief.
The doctors have challenged the compulsory One year urban service rule for Postgraduate Doctors. The challenge was made for the Post Graduates doctors who have taken admission through Management and NRI quota. Doctors are also challenging an order where court had upheld the constitutional validity of section 4 of the KCS Act on August 30, 2019.
As per the Karnataka Compulsory Training Service by candidates completed Medical Courses Act 2012, a candidate includes all students belonging to all quota, bench had earlier raised a preliminary objection to the maintainability of the appeal. It had said “What is so superior to the management quota that you cannot do service for one year in the state. The service you will do is not for gratis, they will pay you.”
Appearing for the appellants, Advocate Akkamahadevi Hiremath, when they had taken admission in the private colleges, the Act was stayed by an order passed by the court. Moreover, the brochures issued by the private colleges did not mention this rule of doing the compulsory service for students admitted under the management quota or NRI students. She even mentioned that the students have paid lakhs and crores of rupees for their education and since they have not received any benefit from the state government the dictum of ‘quid pro quo’ would not be applicable in their case.