High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue any writ, order or direction, more particurarry in the nature of writ of mandamus decraring the action of the Respondents in withhording the originar certificates on the completion of DM/MCh (Doctorate of Medicine, Master of chirurgiae) and contrary to catena of judgements of the Apex court and this Hon'ble High Court in D.Vaishnavi v. State of Telangana, W.p. No. .21137 of 2019 and consequentiary decrare that the G.o. Ms. No. 165 0t 2017 dated 06.09.2017 issued for Compulsory Resident Specialist postings for Super speciarty Post Graduates as iilegar, arb*rary and in vioration of Articre 14, 19, 21 , 254 of Constitution of lndia. lA NO: 3 OF 2025 Petition under Section 151'CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent No. 6 to forthwith issue a No-objection certificate for the purpose of registration and practice in any other state and not onry the state of Telangana pending disposal of the above Writ petition. lA NO: 4 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents not to impose the Guiderine No.7 0f Notification for compursory Government service for super- speciarty, 2025 dated 14.05.2025 for reporting before 27.05.2025 to the principar of the arotted prace of posting pending disposal of the above Writ petition. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the G O. Ms. No. 165 ot 2017 dated 06.09.2017 in lieu of the observations by the Respondent No.4 i.e., Nationar Medicar commission vide 7 Letter bearing F. No. NMC/ Secy-2o211 191029791 daled 271101202'1 pending disposal of the above Writ Petition. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated tn the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to forthwith release the original certificates of the Petitioners and exempt the Petitioners from the requirement of undergoing compulsory Government Service for the purpose of registration and practice in the State of Telangana pending disposal of the above Writ Petition. Counsel for the Petitioner : Ms.SAGARIKA KONERU I Gounsel for the Respondents No.1,3&4 : SRI GADI PRAVEEN KUMAR, DY.SOL.GENERAL Counsel for the Respondents No.2,5,8&9: GP FOR MEDICAL & HEALTH Counsel for the Respondent No.7 , 35'.t;._r,t[A]X; Counsel for the Respondent No.6: SRI SAMA SNADEEP REDDY STANDING COUNSEL The Court made the following: ORDER ) HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 15250 0F20.25 ORDER: certihcates. While so, it Petitioners are stated to have completed Super specialty courses in accordance with post_Graduate Medical Education Regulations, 2O22 and are waiting for award of is the case of petitioners that the Government by virtue of G.O.Ms.No. 165, dated 06.09.2OlZ incorporated the bond of Rs.SO lacs on Rs. 1OO stamp paper to the candidates who are taking admissions in Super_spcciali[z courses from the academic year 2O2l_22: in case ol. failure to serve the government for two years, after completion of course, hc / shall be liable to pay Rs.5O lacs to the government, as compensa[ion. petitioners state that they obliged the said condition and executed bonds under coercion srnce thcir admission itself is at stake. According to them, .l.elangana Meclical colleges (Admissions into post-Graduate Medical Courses) Rules, 2Ol7 do not provide for any Regulations r.r,i rh regard to super-speciarty courses and the above-referred Rules only govern Post-Graduate medical courses. The State Government is not empowered to insist upon undergoing of '{ 'l 2 '! compulsory government service that too in any particular State' such a requirement would amount to prescribing an additional stipulation or prescription for completing the super specialty post-graduation course which is bcyond the legislative competence of the State Government' Hence' lhey hled the Writ Petition assailing the action of the respondents in withholding their original certihcates on completion of DM/Mch (Doctorate of Medicine, Master of Chirurgiae) and to set aside G'O'Ms No' 165 dated 06.O9.2017. Heard Ms. Sagarika Koneru' learned counsel lor 2. petitioners, learned Deputy Solicitor General Sri Gadi Praveen Kumar on behalf of Respondents 1' 3 and 4' learned Government Pleader for Medical & Heallh on behall of Respondents 2, 5, a and 9, Sri T' Sharath' learned Standing Counsel for the 7fr respondent and Sri Sama Sandeep Reddy' learned Standing Counsel for the 6h respondent' It is brought to the notice of this Court that the 3. subject matter is squarely covered by the order dated 13.O1.2023 in Writ Petition No' 33966 of 2022 ' hence' this Writ Petition may be disposed ol in terms thereof' -/ h I I, J

4. In the said order, the learned Singie Judge held that the Slate Government has got every power both legislative as well as executive to impose such condition and to enforce the same and that the action of the State does not violate the fundamental rights of the students and does not violate Articles 14 and 2 i of the Constitution, hence, the action of the Government in insisting petitioners to comply with the undertaking given under the bonds executed by them can, under no circumstances be said to be an arbitrary action. In addition to Rule 10 of the Rules 2006, as noted above, learned Special Government pleader also placed reliance on G.O.Ms.No. 4O, dated 10.O2.2O21 wherein executive order was issued by the governmen t making it compulsory to serve the State of Telangana alter completing the post graduation course and in case of failure to render such service, to pay a penaity as prescribed in the said G.O. In the lighl of the law laid down by the Hon'ble Apex Court in Associatt on oJ Med.ical Super- Specialitg Aspird.nts q.nd. Residents a. (Jnion o;f Indial, even the said executive order is also having a force of law and hence, the action of the respondents in issuing the impugned ' 1zo rel 8 scc oo: { I 4 \ i notificationandCompellingthepetitionerstoComply\\,iththeir obligations under the Bond is in terms of statutory Rules made under the Act, 1983 and the same cannot be found fault r"'ith' Thus, the action of respondents in issuing the impugned notihcation and requiring the petitioners to serve the State rn terms of the Bond is perfectly vaiid and in accordance with lau"' In the light of the clear order' this Court does not 5. hnd any merit in the Writ Petition' therefore' the same is liablc to be dismissed.

6. cos[s 7 . The Writ Petition is accordingly' dismissed No Consequently, the interim order dated 2l 'O5 '20'25 shall automatically stand dissolved' SD/.S. MALLIKARJUNA RAO SSISTANT REGISTRAR //TRUE COPY// . SECTION OFFICER To, 1 2 3 4 5 6 One CC to Ms.SAGARIKA KONERU' Advocate lOPUCl g[?,"":;l:S1ffi,:tTY:',]J:Hy],1J3:l'tYo'"t5"d'3t?"""rarorrndia)' Departme nt" H is h rwo ccs ro GJ r.", q?qi,9l;Xff |:1,113":3[:y [1?i" court for the state ot lelan{ ror Karoji Naravan Ra' o University of Health 3i,:g:J:f*:lrTtSJBisc One CC to SRI SAMA SNADEEP REDDY SC For Telangana State Medical Council tOPUCl Two CD CoPies. W BSK BS HIGH COURT DATED:30 tltt2O2S ORDER WP.No.15250 of 2O2S L'\ ;,c c) 11 /lUB 2W + l)Af lt,t {+,/ .DISMISSING THE WRIT PETITION WITHOUT COSTS q !iL\ (