ASSOCIATION OF MEDICAL SUPER SPECIALITYASPIRANTS AND RESIDENTS & ORS. versus UNION OF INDIA & OTHERS

Citation: [2019] 12 S.C.R. 1011 · Decided: 19-08-2019 · Supreme Court of India · Bench: L. NAGESWARA RAO · Disposal: Disposed off

Cited by 3 judgment(s) · cites 11 · see the full citation network in Lexace

Judgment (excerpt)

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ASSOCIATION OF MEDICAL SUPER SPECIALITY
ASPIRANTS AND RESIDENTS & ORS.
v.
     UNION OF INDIA & OTHERS
    (Writ Petition (Civil) No.376 of 2018)
 AUGUST 19, 2019
[L. NAGESWARA RAO AND HEMANT GUPTA, JJ.]
Constitution of India: Art.162; Seventh Schedule, List I,
Entries 63 to 66; List III Entry 25 – Jurisdiction of the State
Government – Notification issued by State Government for
compulsory execution of bond by the candidates at the time of
admission to post-graduate courses and super speciality courses
providing that they shall serve the State Government for certain
stipulated period on successful completion of courses failing which
they would be liable to recompense the State Government –
Competence of State Government to issue such notification – Held:
Entry 66 of List I of the 7th Schedule to the Constitution refers to
coordination and determination of standards in institutions for higher
education or research and scientific and technical institutions –
Entry 25 of List III of the 7th Schedule deals with education, including
technical education, medical education and universities, subject to
the provisions of entries 63, 64, 65 and 66 of List I – Legislations
can be made by the State Legislature relating to medical education
subject to the legislation made by the Parliament – The Medical
Council of India Act governs the field of medical education in this
country –  Admittedly, there is no provision in the Medical Council
of India Act touching upon the subject matter of compulsory bonds
– Therefore, the States are free to legislate on the subject matter of
medical bonds – Executive authority of the State Government is co-
extensive with that of the legislative power of the State Legislature
– Even in the absence of any legislation, the State Government has
the competence to issue executive orders under Art.162 on matters
over which the State legislature has the power to legislate – Thus,
Notifications issued by the State Governments imposing a condition
of execution of compulsory bonds at the time of admission to post-
graduate courses and super speciality courses cannot be said to be
[2019] 12  S.C.R. 1011
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SUPREME COURT REPORTS
[2019] 12 S.C.R.
vitiated due to lack of authority or competence – Medical Council
of India Act.
Constitution of India: Art.14 – Notification issued by State
Government for compulsory execution of bond at the time of
admission of candidates to post-graduate courses and super
specialty courses providing that they shall serve the State
Government for certain stipulated period on successful completion
of courses failing which they will be liable to recompense the State
Government – Whether violated fundamental rights and is arbitrary
– Held: Running medical colleges with post-graduate and super
speciality courses requires huge infrastructure – However, the
amount of fees charged from the students is meagre in comparison
to the private medical colleges – The doctors are to paid reasonable
stipend – Government hospitals run by the State are duty bound to
extend medical assistance for preserving human life – Failure on
the part of a Government hospital to provide timely medical treatment
to a person in need of such treatment results in violation of his right
guaranteed under Art.21 of the Constitution – Consequently, a policy
decision taken by the State Governments to utilize the services of
doctors who were beneficiaries of Government assistance to
complete their education cannot be termed arbitrary.
Constitution of India: Art.14 – Notifications issued by the
State Governments imposing a condition of compulsory service and
a default clause – Reasonableness of –  Held: Notifications imposing
a condition of compulsory service and a default clause are per se
not unreasonable – However,  the period of compulsory service
and the exit should be reasonable – State Governments and Armed
Forces Medical College are directed to consider imposing the
condition of compulsory service period of two years in default of
which the Doctors would recompense the Government by paying
Rs. 20 Lakhs.
Constitution of India: Arts.19(1)(g), 19(6) – Right to life and
liberty – Right to take decisions relating to profession – According
to the Appellants, the right to carry on their profession guaranteed
by Art.19(1)(g) is violated by the compulsory bonds and that any
restriction on their right to carry on their profession by the State
Government can be made only by a “law” as 

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