MOHAMMED SARFARAAZ RAJA C S/O MD ISMAIL C Vs. DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) Though these writ petitions are listed for preliminary hearing, with the consent of learned counsel on both sides, they are heard finally.

(2.) Petitioners have sought for a direction to respondent No.4 College to return original documents of the petitioners, which were submitted by them at the time of joining post graduation courses in the respective respondent-college/s and to pass such orders or directions as necessary in these cases.

(3.) Petitioners have completed their post graduation courses in respondent No.4 college after completion of their MBBS course. At the time of joining post graduation courses, they had submitted their degree certificates, marks cards, such as SSLC and PUC marks cards and other certificates in original. On completion of the said course, they have sought for return of the said original documents. The Karnataka State Legislature has enacted Karnataka Compulsory Service Training by Candidates Completed Medical Course Act, 2012 (hereinafter referred to as the 'Act' for the sake of brevity). Under the said Act, those candidates who have completed their post graduation course in medicine, have to make themselves available to render service as a Junior Resident Trainee and Senior Resident Trainee in Government Primary Health Centres and Government Hospitals. That, the said Act has been amended in the year 2015 and subsequently, according to leaned AGA, in the year 2017, the State Government has notified the Act to come into force with effect from 24.07.2015, but the petitioners were already admitted to the course by then. They have subsequently completed their course. According to them, the said Act and the amendments made to the said Act do not apply to them. Therefore, their original documents could not have been withheld by the respondent colleges on the ground that they have not rendered service as a Junior Resident Trainee and Senior Resident Trainee in Government Primary Health Centers and Government Hospitals. Therefore, they have sought for return of original documents.