ABHISHEK YADAV V. UNION OF INDIA

WP/8965/2020

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The writ petition filed under Articles 226 and 227 of the Constitution of India challenged the legal basis of the Employees State Insurance Corporation (respondent No.4) to insist on a compulsory five-year service requirement for MBBS graduates at specific institutions (respondent Nos.4 and 5). The petitioners argued that the bonds executed in favor of respondent No.4 were illegal and unenforceable. The court referenced a similar case, Shabana Salahudheen, to dispose of the matter, aligning with the previous decision which likely found the imposition of such service bonds to be without legal foundation.

• Counselvise Citation: [2020] 140 COUNSELVISE.COM (IT) 678460 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 24-08-2020
• Assessment Year: misc
• Other Referred Cases: Shabana Salahudheen and others in W.P. Nos.29365-368/2018 and connected matters decided on 14.2.2020
• Laws Referred To: Articles 226 and 227 of the Constitution of India
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: T P SRINIVASA; C SHASHIKANTH; N K RAMESH; GEETHADEVI; RATHNA SHIRAYOGIMATH; N KHETTY
• Assessee Lawyers: AKKAMAHADEVI HIREMATH
• Keywords: Bonds; Legal basis; Compulsory service; MBBS degree; Unenforceable

Judgement Text

" 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2020 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.8965/2020 (EDN-RES) BETWEEN: 1. ABHISHEK YADAV AGED 25 YEARS, S/O LALMAN, R/O VILLAGE-SANYARDHI. P.O. TALYAHAR. THE.SADAR.DISTT.MANDI – 175 001 HIMACHAL PRADESH 2. HARJEET KUMAR AGE- 29 YEARS, S/O KISHORI LAL R/O VILLAGE-KHAJURNU, P.O.- KACCHERA, TECH-JAISINGHPUR DISTT-KANGRA – 176 076 HIMACHAL PRADESH 3. SARGAM AGED 24 YEARS, D/O MAHENDRA KUMAR GUPTA R/O 165/2, HAWK ENCLAVE, AIR FORCE STATION, BIDAR – 585 401 PRESENTLY AT D NO 82, NEAR ANJANEYA CLINIC, KUDUREGERE, ALUR POST, DASANAPURA HOBLI, BANGALORE – 560 062. 4. ANIRUDH KULKARNI AGE-25 YEARS, S/O PRADEEP KULKARNI R/O H.NO 19-1-263 2 BANKERS COLONY SOUTH SHIVNAGAR BIDAR – 585 401 PRESENTLY #237 7/4 A, 40TH CROSS, 2ND BLOCK, RAJAJINAGAR, BANGALORE - 10 5. CHAITHANYA D AGE-24 YEARS D/O DEVARAJ BH R/O-#533, 4TH MAIN ROAD, VINAYAKA TEMPLE ROAD, HAVANOOR EXTENSION, NAGASANDA POST, BANGALORE – 560 073 6. CHAITRA R AGE-24 YEARS D/O LATE RAGHUNATH K R/O NO-60, 3RD MAIN ROAD, INCOME TAX LAYOUT, VIJAYANAGAR, BANGALORE – 560 040 7. POOJASHREE C AGED 24 YEARS D/O CHANDRASHEKAR R R/O NO 22, 8TH E CROSS, 14TH B MAIN, RPC LAYOUT, BANGALORE – 560 040 8. SAWAI RAM BENIWAL AGED 24 YEAR, S/O RUPA RAM R/O SENTOZEN SYNFAB MILLS, F-83 3 RD PHASE INDUSTRIAL AREA BALOTRA RAJASTHAN STATE – 344 022 9. ANGEL MARY JOHNSON AGED 23 YEARS, D/O JOHNSON CP R/O 3F, ARCHIEVES VINCENZA TRIPUNITHURA, KERALA STATE – 682 301 10. SATYAJEET DAS AGED 25 YEARS SUDAM CHARAN DAS R/O MIG-34 APHB COLONY 3 PEDAGANTYADA VISAKHAPATNAM ANDRA PRADESH – 530 044. … PETITIONERS (BY SMT. AKKAMAHADEVI HIREMATH, ADVOCATE FOR PETIONERS 1 TO 7 & PETITIONER 9 V/o DT: 24/8/2020, PETITIONER NOs. 8 & 10 DELETED.) AND: 1. UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAWAN NEW DELHI – 110 011 BY ITS SECRETARY 2. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE, 105, 1ST FLOOR, SECRETARIAT BUILDING, VIKASA SOUDHA, SESHADRI ROAD, BENGALURU – 560 001 REPRESENTED BY ITS SECRETARY. 3. KARNATAKA EXAMINATION AUTHORITY SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BANGALORE – 560 012 REPRESENTED BY ITS DIRECTOR 4. EMPLOYEES STATE INSURANCE CORPORATION, MEDICAL DIVISION-IV HQRS. OFFICE, PANCHADEEP BHAVAN, C.I.G MARG, NEW DELHI – 110 002, REPRESENTED BY ITS DIRECTOR GENERAL 5. THE EMPLOYEES STATE INSURANCE CORPORATION & PGIMSR, BANGALORE RAJAJINAGAR, BANGALORE, REPRESENTED BY ITS DEAN RAJAJINAGAR, BANGALORE - 10 6. KARNATAKA MEDICAL COUNCIL 70, 2ND FLOOR, VAIDYAKEEYA BHAVANA, K.R. ROAD, H.B. SAMAJA ROAD CORNER, 4 BASAVANAGUDI, BENGALURU – 560 004 REPRESENTED BY ITS REGISTRAR. 7. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH T BLOCK, JAYANAGAR, BENGALURU – 560 041 REPRESENTED BY ITS REGISTRAR 8. MEDICAL COUNCIL OF INDIA POCKET 14, SECTOR-8, DWARKA, PHASE-1, NEW DELHI – 110 077. REPRESENTED BYI TS SECRETARY ... RESPONDENTS (BY SRI.T.P. SRINIVASA, AGA FOR R-2 SRI. C. SHASHIKANTH, CGC FOR R-1 SRI. N.K. RAMESH, ADVOCATE FOR R-3 & 7. SMT. GEETHADEVI M.P. ADVOCATE FOR R-4 & 5 SMT. RATHNA SHIRAYOGIMATH, ADVOCATE FOR R-6. SRI. N. KHETTY, ADVOCATE FOR R-8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE AND HOLD THAT THE R-4 HAD NO LEGAL BASIS TO INSIST UPON THE PETITIONER TO COMPULSORILY SERVE THE R-4 AND 5 FOR A PERIOD OF FIVE YEARS UPON COMPLETION OF THEIR MBBS DEGREE AT THE R-5 COLLEGE AND ETC., THIS PETITION IS COMING ON FOR ORDERS THROUGH VIDEO CONFERENCE, THIS DAY, THE COURT MADE THE FOLLOWING:- ORDER In the instant petition petitioners have sought for the following reliefs: (i) To declare and hold that the respondent No.4 had no legal basis to insist upon the petitioner to compulsorily serve the 5 respondent Nos.4 and 5 for a period of five years upon completion of their MBBS degree at the respondent No.5 – college. (ii) To declare and hold that the Bonds dated 01.9.2014, 5.9.201 4, 26.9.2014, 26.7.2014, 25.9.2014, 30.9.2014, 23.9.2014, 15.9.2014, 22.8.2014, 16.8.2014 executed in favour of the 4th respondent as illegal, produced as Annexure B, B1, B2, B3, B4, B5, B6, B7, B8 and B9 respectively as without authority of law and are unenforceable in law or non est in eye of law. 2. Learned counsel for the petitioners submitted that the present petition is squarely covered by the decision of this Court in the case of Shabana Salahudheen and others in W.P. Nos.29365- 368/2018 and connected matters decided on 14.2.2020. Thus, the present petition could be disposed of in terms of the aforesaid order. 3. Per contra, learned counsel for the respondent- Corporation vehemently opposed the 6 arguments of the learned counsel for the petitioners stating that writ appeal is stated to have been filed on 1.6.2020 against Shabana Salahudheen’s decision. 4. Undisputedly, there is no interim order in writ appeal stated to have been filed on behalf of the respondent- Corporation. In view of these facts and circumstances, the present petition stands disposed of in terms of Shabana Salahudheen’s case in W.P. Nos.29365-368/2018 and connected matters disposed of on 14.2.2020. 5. Petitioners’ original documents/ certificates are with the concerned respondent/s as on today. Concerned respondent/s is hereby directed to release the same in favour of the respective petitioners at the earliest. Sd/- JUDGE BS "