MANDIRA SARKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are aggrieved by the arbitrary action of the respondents No.3 and 4, ESI Corporation Medical College and PGIMSR, Bengaluru, inasmuch as withholding the transfer certificates and refusal to issue No Due certificates to the petitioners, who are pursuing the Entrance Examination having passed MBBS from the 3rd and 4th respondent Institutions, for the purpose of securing seats for Post Graduate Degree course under All India quota. The allegation made by the petitioners against respondents No.3 and 4 Institutions is that having given seats to the petitioners an arbitrary exercise of getting bonds executed for a period of five years of compulsory service in their hospitals under duress is resorted to. The legality of service bonds being executed under duress fell for consideration before co-ordinate bench of this Court and this Court by order dated 14.02.2020 in W.P.No.29365-29368/2018 and connected matters held that the ESI Corporation and its Colleges could not have got the bonds executed from the petitioners and at any rate, the same cannot be enforced against the petitioners. Consequently, a writ of certiorari was issued quashing the impugned orders passed by the respondents No.3 and 4 ESI Corporation and its colleges against enforcing five years compulsory service bonds. Similarly other petitions were also filed by the students in W.P. Nos.23967-970/2019 and connected matters which were disposed of on 25.02.2020 taking note of the decision of the co- ordinate bench in the case of Shabana Salahudheen and others in W.P.No.29365-29368/2018 and connected matters. On 21.4.2020 this Court had issued emergent notice to the respondents.

(2.) Matter is called out. Except the learned counsel for the respondent No.6-Medical Council of India and the learned Additional Government Advocate, there is no representation for the other respondents. However, in view of the decisions rendered by this Court which are applicable to the petitioners, this petition is allowed.

(3.) A writ of mandamus is issued directing the respondents No.3 and 4 to issue an endorsement to the petitioners relieving them of all liabilities in terms of the judgment dated 14.02.2020 in W.P.Nos.29365- 29368/2018.