Introduction:

The Telangana High Court has issued an interim order partially suspending a notification imposing a hefty fine of INR 50,00,000 on postgraduate super specialty medical students who failed to report for Compulsory Resident Specialist Posting. The directive came in response to a plea by 23 postgraduate students challenging the Government Order mandating compulsory service and the imposition of fines, citing violations of constitutional principles.

Arguments of Both Sides:

The petitioners argued that the notification lacked statutory backing and contravened constitutional provisions. They contended that the imposition of fines was not authorized by law and that the government’s action was against the principles of natural justice. On the other hand, the State argued that the students had already signed bonds agreeing to the terms at the time of admission, and the notification itself was not challenged.

Court’s Judgment:

The High Court, after considering both sides, held that the notification lacked statutory power and went against the principles of natural justice. It noted the decision of the National Medical Commission against imposing bond conditions and suspended the conditions directing the doctors to report for duty on 25th January and the imposition of fines. However, the suspension would only apply to the 23 petitioners.