High Court stays fine on medical doctors for violating a bond

The Karnataka High Court on Monday passed an interim order staying the May 20, 2017 order passed by the authorities imposing fine in the range of Rs 3 to 5 lakhs on medical graduates for violating a bond condition, which they had signed stating they would serve in government hospitals and hospitals in rural areas for a period of one year after the completion of their PG/diploma courses.

Dr Divya and 199 others had moved the court challenging the notice issued by the health department asking each of them to pay Rs 3.5 lakh towards penalty for violating the bond conditions that they signed while availing a government medical seat. 

The petitioners submitted that after a lapse of several years, the health department issued notice on May 20, 2017. They also challenged the notice issued by the Karnataka Medical Council on May 29 asking the petitioners why action for “professional misconduct” should not be taken against them.

The petitioners said the government had not offered or intimated them about any suitable jobs in the government hospitals soon after they completed their courses. They further said the bond had only stated that “if required, the candidates should serve in government hospital.” 

The petitioners argued that when the high court has granted a stay on the implementation of the Karnataka Compulsory Service Training by Candidates Completed Medical Course Act, 2012, the government is serious about collecting penalties for violation of the bond.

Justice G Narendar, granting stay on the notices issued to the petitioners, issued notice to the state government and to the Karnataka Medical Council and adjourned the next hearing to June 19.