NTR District v. F a m i t y we t f a

Petition under Article 226 of the Constitution of ln Jia praying that in the circumstances stated in the affidavit filed therewith, tlrl High Court may be pleased to the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon'ble Court may be pleased to issue \Vrit, order or direction particularly one irr the nature of Writ of Mandamus declirring the action of the Respondents in withholding the original certificates on the,:ompletion of DM/MCH (Doctorate of Medicine, Master of Chirurgiae) and contrary to catena of judgements of the Apex Court and this Hon'ble High Cour. n D.Vaishnavi v. State of Telangana, W.[). No. 21137 of 2019 and to declare tha the G.O. IMs. No. 165 of 2017 dated 06.09.20 17 issued for Compulsory Resident Specialist postings for Super Specialty Post Graduates as illegal, arbitrary and in violation of Article 14. 19, 21 , 254 of Constitution of lndia and pass any other order or orders as this Hon'ble Court deems fit and proper in the interest of justicr: lA NO: 1 OF 2025 Petition under Section '151 CPC praying that in the c ircumstances stated in the affidavit filed n support of the petition, the High Court may be pleased lt is further prayed that this Hon'ble Court may be pleased to t) RECT the Respondent No. 6 to forthwith issue a No-Objection Certificate for the purpose of registration and practice in any other State and not only the State of Telangana pending disposal of the above Writ Petition and pass any other r rder or orders as this Hon'ble Court deems fit and proper in the interest of justicr: lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the rircumstances stated in the affidavit filed n support of the petition, the High Court may be pleased lt is further prayed that this Hon'ble Court may be pler sed to DIRECT the Respondents to forthwith release the original certificater; of the Petitioners and exempt the Petitioners from the requirement of u r dergoing compulsory Government Service for the purpose of registration and g ractice in 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 filed in support of the petition, the High court may be pleased lt is further prayed that this Hon'ble Court may be pleased to SUSPEND the G O' Ms' No. 165 of 2017 dated 06.09.2017 in lieu of the observations by the Respondent No. 4 i.e., National Medical Commission vide Letter bearing F. No. NMC/Secy- 2021t1glo2g7g1 dated 27.1O-2O21 pending disposal of the above writ Petition and pass any other order or orders as this Hon'ble court deems fit and proper in the interest of justice. lA NO: 3 OF 2025 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased lt is further prayed that this Hon'ble Court may be pleased to DIRECT the Respondents not to impose the Guideline No. 7 of Notification for compulsory Government service for super specialty, 2025 dated 14.05.2025 for reporting bebre 27.05.2025 to the principal of the allotted place of posting pending disposal of the above Writ Petition. Counsel for the Petitioner : SRI SREENIVASA RAO VELIVELA Counsel for the Respondent No.1 : Addl. Solicitor General of lndia Counsel for the Respondent No.2,3&5 : GP FOR MEDICAL & HEALTH Counsel for the Respondent No.4 : Ms.G.PUJITHA, SC FOR NMC Counsel for Respondent No.6 : SRI SAMA SANDEEP REDDY, SC FOR TSMC Counsel for the Respondent No.7 to 9 : The Court made the following: ORDER HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 15 264 oF 2025 ORDER: Pe:titioners are stated to have compl:ted Super- Post Grad : ate Medical specialty courses in accordance with Education Re:gulations, 2022 ar'd are certiflcates. While so, it is the case u,aiting i )r a$rard of of petition t rs that the Government by virtue of G.O Ms No' incorporated the bond of Rs.SO lacs on Rs 1O0 stamp paper to 165, dateri 06.O9.2017 thecandidat<:swhoaretakingadmissionsinStLller-speciality courses from the academic yeat 2021-22; in cas': of failure to serve the government for two years, after completi rn of course' Rs.50 lacs to the g(r'ernment, as he / shall be liable to PaY compensatloll. condition ancl state that theY oblilled the said Petitioners executed bonds under coerciol'r since their According to thi:rn, Telangana admission itself is at stake into Post Grac t tate Medical Medical CoJleges (Admissions Courses) Rules, 2O17 do not provide for any Regulations with regard to super-specialty courses and the above r eferred Rules Post-Graduate medical courses- The State only goverrL Government is not empowered to insist upon rndergoing of t ,1l 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 beyond the legislative competence of the State Government. Hence, they filed the Writ Petition assailing the action of the respondents in withholding their original certilicates on completion of DM/Mch (Doctorate of Medicine, Master ol Chirurgiae) and to set aside G.O.Ms.No. 165 dated 06.09.2017.

2. Heard Sri Sreenivasa Rao Velivela, learned counsel for petitioners, Iearned Standing Counsel for Central Government on behall of the 1st respondent, learned Government Pleader for Medical & Health on behalf of Respondents 2, 3 and 5, Ms. G. Sri Pujitha, iearned Standing Counsel on behalf of the 4th respondent and Sri Sama Sandeep Reddy, learned Standing Counsel for the 6th respondent.

3. It is brought to the notice of this Court that the subject matter is squarely covered by the order dated

13.01.2023 in Writ Petition No. 33966 of 2022, hence, this Writ Petition may be disposed of in terms thereof. h (" J In the said order, the learned Single Juc ge held that

4. the State Gor-ernment has got every power both l:gislative as well as executive to impose such condition and to cnforce the same and that the action of the State does nol violate the fundamental rights of the students and does nef vi' rlate Articles 14 and 21 of the Constitution, hence, the e( tion of the Government in insisting petitioners to comtr)lv u'ith the undertaking given under the bonds executed b' them can' under no cirr:umstances, be said to bc an arbitra r1' action ln addition to Rule 10 of the Rules 2OO6, as noted zr'rove' learned Special Government Pleader also placed reliance orr G O-Ms'No' 40, dated 10.O2.2021wherein executive order w'as ssued by the govcrnment making it compulsory to serve t hr: State of Telangana alter completing the post-graduation I )Llrse and in case of failtLre to render such sewice, to pay I penalty as prescribed in the said G.O. In the light of the law laid down by the Hon'ble Apex Court in Association of Medical Super' Specialitg Aspirants and Residents u' (Jnion o1'Indial' even the said exe<;utive order is also having a force of l: r'r' ancl hence' the action of the respondents in issuing '1rc impugned ' (20 t9) 8 scc 6c 7 r- 1 t , t { |, I, I notification and compelling the petitioners to comply with their obligations Lrnder the Bond is in terms of statutory Rules made under the Act, 19g3 and the same cannot be found fault with. Thus, the action of respondents in issuing the impugned notification and requiring the petitioners to serve the State in terms of the Bond is perfectly valid and in accordance with law., 5. In the light o[ the clear order, this Court does not find any merit in the Writ petition, thercfore, the same is liable to be dismissed. The Writ petition 1S accordingly, dismissed. No 6

7. Consequently, the miscellaneous Applications, if any shall stand closed. //TRUE COPY// SD/- K. AMMAJI EPUTY REGIS TRAR SECTION OFFICER \ I To,

3. 4 E vocate. [OPUC] One CC to SRI SREENIVASA RAo VELIVELA, One CC to Addl. Solicitor General of India. tOpUCl Two CCs to Gp for Medicat Health.and Family Welfare Departnrent,, High Court for the State of Tetangana at ryJerJd;j iouii" One CC to Ms.G.pUJ|THA, SC FOR NMC tOpUCI One CC to SRt SAtr/A SANDEEP REDDY, SC FOR TSMC. [OPUC]

6. Two CD Copies BSK GJPg HIGH COURT DATED:3010712025 t !, I ^i':.- ,r, , 1..,.- { $? rr i 2$25 o; ,\ .,,r/., :.' ORDER WP.No.15268 of 2025 DISMISSING THE WRIT PETITION WITHOUT COSTS A. c\