High Court · 2025

Judgment

1. 2 3 4 5 o B:5XyE?l"J:llfl ',?3:[ff$'^?]is::'c'H"H3;l'."""1''{::i:^o',?'%T; H]ni.r" a;n;roei, HYoerauao-soo o1 6' ,J"h,;3:;iiil,.;t.;*h,i,,.',ifl l3!l';#P,ii,ff -ffi ifi ?iili3i#.f i?[i - 505 425- gils*:rl,:ffi :il,:l?,,:,'J:T33318,fi??"'f 'l'13if ;33"8?;'3"'!lt'. 691 s51. ':"#l;#isffi itnrfu ff{ff i"3?"'r? llntxri+iHr*$fg*fi [3ilfl I:;FiXlg,'na:oi"s.*[?ff D r A m a r Eru kuII a R/o.Sree Lakshmi NilaYa I b;.:', D.;;;gere, Kirnatakf,' PIN - 577 004 . S/o -At&,?6l:3[1Hlt,*fl :1.:t ::3l';"3."3,Y,0* 3::3,|l n]x'J3['":"?lr'd"3f^?"'l'1u:a:':. .....pEr.oNERS AND 1 2 3 4 g_,::,if :"T,f:ffi J"J:i*S:ft i)il: l'Sl#X I llXf U n i o n or r n d i a R e p re se n l? Familv Welfare, Ministry ot t Delhi'-110 011. TheStateofTelangana.Representedbyits.Principa|secretarytoHead tr/ledical and Family w"rt""'oZ"p"riili"niiEr'ng"'ia Secretariai' Hyderabad' The Directorate General ot.Health Services' Represented bv its Director ol Nfiil; {h;"'n' Ra i path a rea' ce ntra I y#il[.fl lft rhe Nationar r\iredicar 9"*T,'".j,i"1: ft,"f,,i,."T,S: H;t,socnarrPerson Bhavan, G.P.O. ComPlex, t i3E[:YiJt'.& .3"s;Jfl satarkta

5. The Directorate of ft/eriical " 6. The Telanqana State l\rl Govern ment of Tetans jna. xoti. rivo drJ5oli;ffii, Fjysqliol, Represented by its Chairman, The "". +:[x?,'f,',. Chanceilor Wa ranga t, Tetanga;a _-#b' 0"0"i"""'' i,:i?'F#i3fiil:u'j],1;[ ffii#:,'.'J,g;fTfl,.#an' P B s23 7. Kaloji Naravan Rao Univsl5i{y of Health Sciences. Represented by its Vice_ B. Osmania lVledical Co,,"nu,Igp.rgsented by its principal, 5_1_876, Turrebaz 9. Gandhi Medical Colleoe Represented by its principat, Musheerabad. MIGH Cotony, Watker Town]paoniaraonJgar. b".,i"i""r56ra_500 00, Tetangana. khan Road Troop Baza"r. xotil nvoeia;il i"ri"g;;., _500 095. .....RESPONDENTS

Petition Under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or orders or direction or writ more particurarry in the nature of mandamus decraring the action of the Respondents in withhording the originar certificates on the compretion of the DIu / tvcH (Doctorate of Medicine, Master of chirurgiae) and contrary to catena of Judgments of the Apex court and this Houbre court in D.Vaishnavi, v/s. State of rerangana wp.No. 21137 0f 2019 and consequenfly decrare that the G.o.Ms.No.16 5 0f 2017, Hearth rVledicar and Family werfare (cr) Department, Dt.06-09-2012 issued for the compursory Resident Specialist postings for Super Specialty postings for Super Specialty Post Graduates as illegal, arbitrary and violation of Articles 14, 19, 21 ,254 of the constitution of lndia. l.A.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.tr4s.No.165 0f 20'1 7, Hearth Medicar and Famiry werfare (cr) Department, Dt.06-09-2017 in rieu of the observations made by the Respondent No 4 i e., Nationar [r/edicar commission vide. Letter bearing No.F.No.NMC/Secy- 20211191029791 , Dt.27-10_202.1 , during the pendency of the writ petition. I.A.N O:2O F 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 to direct the Respondents to forthwith release the original certificates of the petitioners and exempt the petitioners from requirement of the undergoing compulsory Government Service for the purpose of Registration and Practice in theStateofTelanganadUringthependencyoftheWritpetition. Counsel for the Petitioner : SRI K'LAKSHMI MANOHAR Counsel for the Respondent Nos'1' 3 & 4- : SRI GADI PRAVEEN KUMAR' #;in;olicrioi ceruenAl oF rNDrA for the Respondent Nos'2' 5' 6' 8 & I : G'P FOR MEDICAL AND Counsel HEALTH counsel for the Respondent No'6 : sRl SAMA SANDEEP REDDY Counsel forthe Respondent No'7 : SRI T'SARATH The Court made the following ORDER HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRITPETITI ON No. 158 27 0F 2o2s ORD ER: specialty have 6qmplq6ed Super_ Petitioners are shted ro courses in accordance with Regulations, 2022 and Education Post Gr:rduate Meclical are walting for award of certificates. While so, it is thc case of petitioners that the Government by virtue ol G.O.Ms.No. 165, dated 06.09.2O1Z rncorporated the bond of Rs.50 lacs on Rs. IOO stamp paper to the candidates who are taking admissions in Super_specialit5r courses from the academic year 2o2L-22; in case of failure to sele the government for two years, after compretron of course, he / shall be liable to pay Rs_ 50 lacs to the governmen t, compensation. petitioners state that the-\. obliged the said condition and executed bonds under coercion srnce their admission itself is at stake. According to them, Telangana Medical Colleges (Admissiorrs into post Clracluate Medical Courses) Rules, 20 17 do noL provide for any Regulations with regard to super-specialty courses and the above_referred Rules only govern Post-Graduate medical courses. The State Government is not empowerecl to insist upon undergoing of compulsory government scrwice that loo in any parhcular State, ') amount to prescribing an additional such a requirement would for completing the super-specialty sdpulation or Prescription which is beYond the legislative post-graduation course S |ate Government Hence, theY frled the Writ cornpetence o[ Lhe on of the respondents in withhotding Petition assailing the actl on compietion of DM/Mch (Doctorate their original certihca[es of Medicine, Master oi Chirurgiae) and to set aside G'O'Ms No' 165 dated 06'O9'2Ot7 Heard Sri K Laxmi Manohar' learned counsel for 2. petitioners, learned Sranding Counsel for Central Government on behalf of Respondents 1' 3 and 4' learned Government Pleader for Medical & Health on behalf of Respondents 2' 5' 6' 8 and 9, Sri Sama Sandeep Reddy' learned Standing Counsel for . Sarath, Iearned Standing Counsel the 6m resPondent and Sri T for the 7th resPondent' It is brought to the notice of this Court that the 3. subject matter is squarely covered by the order dated t3.O1.2[23in Writ Pretition No 33966 of 2022' hence' this Writ Petition may be disposcd of in terms thereof' In the said order, the learned Single Judge held that 4. the State Government has got every power both legislative as J enforce the executive to impose such condition and to well as same and that the action of the State does fundamental rights of the students 14 and. 21 of the Constitution, hcnce, the action of ln insisting petitioners ro comply with given under the bonds executed bv them violate the and does not violate Articles Government undertaking can, actron. In e, learned under no circumstances, be said to be an arbitrary addition to Rule 1O of the Rules 2006, as nored abov special Government preader arso praced reliance on ci.o.Ms.No. 40, dated lO.O2.2O2l wherein execulive order was issucd by the government making it compulsory to serve the State of Telangana after completing the post_graduation course ancl in case of failure to render such service, to pay a penaltv as prescribed in the said G.O. In the light of rhe lau, laid dow.n by the Hon'ble Apex Court in Associq.tion oJ Medicat Super_ Speciality Aspirants qnd, Resid.ents a. Union of Indiat, even the said executive order is also having a force of lau, and hence, the action ol the respondents in issuing the impugned notihcation and compelling the petitioners ro comply rvith their obligations under the Bond rs in terms of starutory Rules made under the Act. 1983 and the same cannot bc found fault with' ' 1:o te'1 s scc ool 4 Thus, the action o[ respondents in issuinB the impugned and requiring the petitioners to se: the state rn notifrcadon Lerrns of the Bond t" o"t']"t'"ot'o ^"0 In the light of the cle ar order ' this Corrrt does not [rnd anY merit in the Wflt Petition' therefore' the same is iiable in accordance with law'"

5. The Writ Petition is accordingly' dismissed' No to be dismissed'

6. costs' the order dated 13' 06,025 bY which

7. Consequently' this Court granted interim suspension of Conditions 6 and 7 in notification and guidelines dated \2'Ol '2024 issued by the shall stand dissolved Director of Medrcal Educarion . automaticallY' t/rRuE coPY// "83'+"-:8't+itR secffiorrrcen Two CC's to G P FOR MEDICAL AND HEALTH' High Court for the State of l::tet${'{iffi iil?,slp5fi [f Bt"s3,f Jo.tt?i*o*.ENERAL o". CC to SRI GADI PRA\ orl.iotn, Advocate [oPUCl Ei'J'b"i?; siir isAnnrn, Advocate ( oPUg ) one CC to SRI SAMA seNoEep nefiDY' Advocate (OPUC) To 1 2 2 4 4 6. Two CD CoPies 3r SA GJP HIGH COURT DATED:30 tOTt2O2S I ,/. -, /<. i.J ( t t1 Sa_ c METU 12 t (. .l * ocsi:4 'it:t'.': =i.;', ORDER WP.No.15B2T of 2O2S DISMISSING THE W.P t WITHOUT COSTS. (+ a() s) "Zt