ADITYA SHRIKANT KELKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONERS, in the present group of petitions, are aspirants for Postgraduate medical courses commencing from January, 1998. As has now become the normal plight of medical students, present petitioners, per force, have found themselves in Court before commencement of their course.

(2.) THE State Government has from time to time been issuing various Government Resolutions prescribing rules for admission to medical courses. Those that are impugned in the present petitions, pertain to the requirement of performing Government service as a pre-requisite condition for grant of Postgraduate registration.

(3.) PRIOR to 1996 candidates, aspiring for Postgraduate registration, were required to execute a bond to serve the Government for a period of two years or pay Rs. 1 Lakh as compensation to the Government. On 28th February, 1996 the Government issued a Government Resolution doing away with the prior requirement of executing a bond and prescribed performance of one year Government service as a pre-requisite for grant of postgraduate registration. This was done as it was found that various students who had obtained Postgraduate registration failed to honour their bonds. As a consequence sufficient number of medical officers in Government hospitals were not available. It was noticed that the Government was spending huge amounts to impart medical education and hence it was thought that it was the social and moral obligation on the part of the students to serve Government in rural areas in order to have sufficient number of medical officers to provide basic health services to the community. In order to ensure availability of such medical officers in Government hospitals as also in rural areas, the aforesaid resolution provided that the students who have passed their M. B. B. S. Degree and have completed one year Government service will be considered eligible for admission to Postgraduate course. The resolution further provided that the students admitted for Postgraduate course will be required to execute a surety bond of Rs. 1 lakh by way of Bank guarantee, within six months prior to the final examinations, for serving the Government for one year after the postgraduation course failing which the bond amount will be forfeited.