LAWS(KAR)-2023-6-194

MADHURI S. Vs. STATE OF KARNATAKA

Decided On June 08, 2023
Madhuri S. Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The caption writ petition is filed to declare that respondents No.3 and 4 have no legal basis to insist upon petitioner to undergo compulsory service for a period of five years upon completion of the MBBS degree. Consequently, a declaration is sought that the declaratory bond dtd. 26/7/2012 executed by petitioner in favour of respondent No.3 is illegal without authority of law and unenforceable.

(2.) It is stated across the bar that the controversy relating to the authority of respondent No.3/corporation in imposing compulsory service in their institution is dealt and given a quietus by the Co-ordinate Bench of this Court in W.P.No.29365-29368/2018 and connected matters. The Co-ordinate Bench, while examining an identical issue, held that respondent No.3/ESI Corporation and its colleges do not have any authority to enforce against the petitioner a 5-year compulsory service bond, and therefore, the Co- ordinate Bench directed the respondent authorities to release the petitioner and further held that no liability shall be fastened on the students or their parents on account of the service bond which is upheld by them. The present petitioner has sought identical prayers, and lis in the captioned writ petition is clearly covered by the judgment rendered by the Co-ordinate Bench cited supra. Therefore, the petitioner is also entitled for the relief that is granted by the Co-ordinate Bench. In the light of judgment rendered by the Co-ordinate Bench of this Court, I proceed to pass the following: