VidhiSangh

Supreme Court of India · 19/08/2019

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

[2019] 12 S.C.R. 1011 · 2019 INSC 915

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Summary

The Court upheld compulsory service bonds for postgraduate and super-speciality education in government medical institutions. States could issue executive orders in the unoccupied field, and the bonds served public-health needs without violating the asserted constitutional or contractual rights. Doctors remained bound by their bonds. Authorities were directed to consider two years’ service with a Rs.20 lakh exit payment, and a uniform national policy was suggested; the Court did not itself substitute those terms in every bond.

Issues

  1. Whether States could impose medical service bonds through executive orders.
  2. Whether the conditions infringed constitutional rights or prohibitions concerning personal service and restraint of profession.
  3. What relief concerning the duration, exit amount and uniformity of bonds was appropriate.

Provisions considered

Held

Result

Writ petitions and appeals dismissed; executed bonds remain binding. States and AFMC to consider two-year service and Rs.20 lakh exit terms. Union and Medical Council invited to take suitable steps towards a uniform policy.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 1011.