High Court · 2025

Neuroloqist, nllo n rf,l" d41Ab" Telangana- 500033' 2. Dr. Firhana Ruzina, D/o Khalid Ahmed Talikoti-Aoed about 37 Years' Occ' Oncologist, wo utitii)""'a"""ih ilol'ulla' Ra6gampet Post' Shorapur' Yadgir, Karnataka ...PETITIONERS AND 11001 ',t. 'rtrl"Gtw dr Health anb Familv welfare I 't. Union of lndia, Represented bv its secretary. o"o(,1ff1!"'{i1,?"li\ti 5:ni't ' W;lf;;: 2. State of Telangana, Represented by its Princrpal Secretary Health' Medical ' Xrt'iJ.iiv w"Irire Dep5rtment Secietariat' Hvderabad' 3. Directorate General of Health Services Representecl bv its Director Ministry 'ui*'n bn'*'n' Rijpath Area' central of Health and Famrlv'i/v;ii';; 6l"ru1"tiit, New Delhi; Delhi-1 1 0001 b'ffi;;, d.F.o. co.prei B6'i' R' ti"tA' New Delhi-110023'

4. National Medical Commission' Represented^ by its Chairperson Satarkta - 5. Directorate of Medical Educatiorr' Represented by its Chairman Government - 5i fetangana Koti, Hyderabad Telangana ,H"il"r"J3.::?:",Jy#,F'J,p.d[[tt"JJs:f;:'ti#"x:3[1[H"fr.3;"333: Telangana 500095 , 5flfliJ,il:r'0:xm: y:i:"#:,#,u8ffi$l t"'"^"es' Represented bv its vice E. Osmania Medical College' Represented by. its Prin9rp1rls1-876' Tunebaz Khan Rd, Troop aazaarlk*il, Hyoeraoad' Telangana 500095' I I I I , t ! I I o Ss,:x?i,X'lfi:?'r3;,,i:n,?rl"J;Tfr:,#,.,'J"[:;:,.Jiitr,,JitJ]%?:is*"UfJ ...RESPONDENTS Petition urrder Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, th,-_ High Court may be pleased to issue any writ, order or direction, more particur€ rry in the nature of writ of mandamus declaring that the G.O. Ms. No. 165 of 2017 dated 06.09.2012 issued for compursory Resident speciarist postings for Super speciarity post Graduates and thereby withhording the originar Degree certificate of super Speciality as ille,lal, arbitrary and in violation of Articlt: 14, 19, 21 , 254 of Constitution of lnd ia. lA NO: 3 oF 2024 Petition under Section 151 cPC praying that in the ci.cumstances stated in the affidavit firecJ n support of the petition, the High cou t may be preased to direct the Responrrents not to impose Rc- No. spL/cGS/2024 dated 18.0g.2024 for reporting before 30.09.2024 to the principar/Director of the arotted prace of posting pending di:;posal of the above Writ petition. IA NO 20F 2024 Petition underr section 151 cPc praying that in the cir:umstances stated in the affidavit filed irr support of the pefition, the High Courl may be pleased to direct the Respondents to forthwith rerease the origina certificates of the Petitioners and exempt the petitioners from the requrretnent of undergoing compulsory Government service for the purpose of registre.tron and practice in the State of Telangerna pending disposal of the above Writ petition IA NO: oF 2024 1 Petition unde. section 151 cPc praying that in the circumstances stated in the affidavit fired ir support of the petition, the High court may be preased pleased to suspend the G.O. Ms. No. 165 of 2O1t dated 06.0 1.2017 in tieu of the observations by the Respondent No.4 i.e., Nationar Medic;rr commission vide I I t I i i Letter bearing F' No NM CtSecy-2O211191O29791 disposal of the above Writ Petition' dated 27.10.2021 Pending counsel for the Petition"'',TtAHXfffi Xitft,ilff ' *"' counser for the Respondents No'1&3 ' tSl.36l.'JAirH[J KUMAR' Counsel for the Respondents No'2'5'8&9 : GP FOR MEDICAL & HEALTH Counsel for the Respondents No'4 : Ms'G'PUJITHA' SC FOR NMC Counsel for the Respondents No'7 : SRI K'PRABHAKAR RAO' SC FOR KNRU Counsel for Respondents No'6 : SRI SAMA SANDEEP REDDY' sc FoR TSMC The Court made the following: ORDER I I I I I I I I i I ! l HO,N'BLE SRI WSTICE NAGESH BHEEM,APAKA WRIT PETITIOIt No. 2659(t OF 20.241 ORD ER: specialty Educa tiorr have completed Super_ Petitioners are stated to c,)urses in accordance with Post-Gra(luate Medical Regulations, 2022 and are waiting for award of certificates. While so, rt is the case of petitiotrers that the (;overnment by virtue of G.O.Ms.No. 165, date,f 06.O9.2OtZ rncorporatecl rhe bond of Rs.50 lacs on Rs. lO0 stlmp paper to the candictates u,ho are taking admissions in Super_speciality courses fronr thc academic year 2O2l_22; in case of failure to scrve thc gor.,ernment for two years, alter completi:n of course, he / shall bc tiable to pay R..SO lacs to the go'ernment, as c:ompen satictr.r. petitioners state that they obliged the said condition rtr d executed bonds under a<irnission ts e lI is at stake. Mcdrcal Collcgr:s (Admissions into post_GradurLte Courses) Rul<rs, 2O17 do not provide for any Regulations u,ith reg:rrd to strper specialty courses and tl-le above_rel.erred Rules onlr,,. gove rr: Post Graduate medica.l courses. The Stare not empowered to insist upon un Cergoirrc t)f cltlmpulson,qLvctrnment service that too in any parti,:ular Statc, srrt-'h a rt'cluire rncnt would arnount to prescribing ar aciditional C,l- prescription for completing the supr:r-spccialtv coerclon since their According to therr , Telangana (iovcrnmcnt is Medicetl st ipulatit_rn I ,i I 2 post-Braduation course which is beyond the legislative competence of the State Government' Hence' they flled the Writ Petition assailing the action of the respondents in withho{ding their original certiflcates 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 Sri L' Ravichander' learned Senior Counsel 2. on behalf of Ms' Sagarika Koneru' learned counsel for petitioners, learned Deputy Solicitor General Sri Gadi Praveen Kumar on behalf of Respondents I and 3' lcarned Government Pleader for Medical & Health on behalf of Respondents 2' 5' 8 andg,Ms.G.SriPujitha,learnedStandingCounselonbehalfof the 4th respondent, Sri K' Prabhakar Rao' learncd Standing Counsel for the 7fr respondent and Sri Sama Sandeep Reddy' learned Standing Counsel for the 6h respondcnt-

3. It is brought to the notice of this Courl that the is squarely covered by the order dated subject matter 13.01.2023 in Writ Petition No' 33966 of 2022' hence' this Writ Petition may be disposed of in terms thcreol- In the said order' the learnecl Single Judge held that 4. the State Govemment has got every pol\'cr both legislative as r,vell as executive to impose such concliticlrt and to enfclrce the same and that the action of the S[alte docs not violate the h L L I J undertaking Govern men t fundamen tal rights of the students and does not violate Articles 74 and 2t of the Constitution, hence, tJle action of the in insisting petitioners b corr ply with the given under the bonds executed by them can. under no c ircumstances, be said to be an arbit-ary action. In addition to Rule lO of the Rules 20O6, as noted irbove, learned Special (iovernment pleader also placed relialce on G.O.Ms.No. 40, dated lO .O2.2O21 wherein executive order was issued by the governntent making it compulsory to serve .Lre State of Telangana a{ter completing the post_graduation course and in case of lailure to render such service, to pay I penalfy as prescribed in thc said G.O. In the light of the law laid down by lhe IIrrrr'bll Apcx Courl rn Associqtion o! Dleclicat Super_ Specialitg Aspirolnts and Residents o. (Inion of fnd.iat, even the saicl cxcc-rtjvc order is also having a force oflzvr sncl hsn66, the action oI the respondents in issuing the impugned notifica tior.r anci compelling the petitioners to comply with their obligarior-rs rrr dcr thc Bond is in terms of statutory Ilules made under thc Ac:t, l9g3 and the same cannot be founc fault with. Thus, thc ;rction of respondents in issuing the impugned notificatior-r ar: d requiring the pedtioners to serve L:re state in terms of the Bond is perfcctly valid and in accordancr.with law., ' (tt)lqr I sc't (,0, i'l ,l : 4 In the light of the clear order' this Court does not 5. find any merit in the Writ Petition' therefore' the same is liable to be dismissed' The Writ Petition 1S accordinglY, dismissed' No 6 I, Consequently, the interim order dated 25 'O9 2024 ' extended from time to time' shall stand dissolved 7 S automaticallY .S ALLIKARJUNA RAO S TANT REGISTRAR //TRUE COPY// SECTION OFFICER To, i

1. One CC to SRI SAGARIKA KONERU, Advocate' IOPUCI 2 OneCC to SRI GADI PRAVEEN KUMAR, (Deputy Solicitor General of lndia)' ' Hig;6;U'; i,jl. in" slrie of telansana at Hiderabad' [oPUCl 3- Two CCs to GP for Medical, Health and Family Welfare Department,, High " d;,r f";t'n"e s'tat" oiietanlana at Hyderabad' [our] 4 One CC to tvls.G.PUJITHA, SC FOR NMC' [OPUC] 5. One CC to SRI K.PRABHAKAR B4O, SC for Kaloii Narayan Rao University of - iealth Sciences, Warangal. IOPUC] 6. One CC to SRI SAMA SANDEEP REDDY, SC FOR TSMC TOPUCI 7. Two CD CoPies BSK GJP ^Nu) t, I I HIGH COUI?T DATED:30 t}ttz}zl -:-- : -- .. z:;:1 ;ii- 01 .|tT ilyp '! :::: _:- ,i - - ,- ORDER WP.No.26590 of 2024 DISMISSING THE WRIT PETITION WITHOUT CO.STS \o