Today, On 22nd May, The Supreme Court raised concerns about the national obligations of wealthy MBBS students who graduate from private institutions. This scrutiny questions whether these students should be required to contribute to public healthcare. The court’s inquiry aims to address disparities in medical service delivery.
New Delhi: During the proceedings on Wednesday, the Supreme Court addressed a petition challenging the Karnataka government‘s requirement for medical students to dedicate a year to rural service to qualify for permanent registration with the state’s Medical Council. The Court questioned whether students from affluent backgrounds attending private colleges bear no responsibility for contributing to the nation’s development.
At the beginning of the hearing, Justice PS Narasimha observed that attending a private college does not excuse a student from fulfilling their obligation to serve in rural areas.
Justice Narasimha questioned,
“Do individuals attending private institutions have no responsibility towards nation-building? Just because you study in a private hospital, are you exempt from rural service? What justification exists for granting exemption solely based on attending a private medical college?”
A bench comprising Justices P.S. Narasimha and Sanjay Karol issued a notice in a writ petition but showed discontent towards the assertion that a student who attended a private medical college and paid for their degree should be exempt from rural service.
The counsel representing the petitioners argued that language barriers and other obstacles existed.
Justice Narasimha promptly responded,
“So what? It’s commendable to venture elsewhere and work. Travelling across India and serving in various rural areas is a noble endeavour.”
The scheme under scrutiny mandates that all MBBS graduates, both Post-Graduate (Diploma or Degree) holders, and Super Specialty candidates who completed their studies either in a government university or on a government-sponsored seat in a private university must serve one year in rural areas as compulsory public service.
Only upon fulfilling this requirement will they be issued a No-Objection Certificate (NOC), enabling them to obtain permanent registration with the Karnataka Medical Council.
In July 2023, a government notification extended this obligation to candidates enrolled in private seats within private universities.
In advocating for students, the counsel contended that those paying higher fees, without state subsidies, should not be obligated to sign a one-year compulsory rural duty bond to secure a necessary No Objection Certificate (NOC) for further studies.
A statement forwarded by the students asserts,
“Acknowledging our arguments, the Supreme Court has issued a notice to the Karnataka Medical Council (KMC) and the Government of Karnataka. The case will advance to the next hearing, during which these respondents will furnish their clarifications.”
In the course of the hearing, the Supreme Court proposed that students could sign the bond to obtain the NOC, with the option to challenge it afterward. It’s crucial to note that, as the matter is now under consideration by the Supreme Court, no student can be compelled to fulfil the compulsory duty requirement at this juncture.
A student from KMC Manipal, speaking anonymously, stated,
“Considering past precedents, the Supreme Court has deemed it necessary to delve deeper into the case. The court has instructed the students to submit their registrations and affidavits. Furthermore, it has assured that if it finds this policy to have been enforced unlawfully and without legal basis, the affidavits will be nullified.”
Recalling the origins of the case, it stems from an appeal made by MBBS students from the 2018 batch at KMC Manipal, who petitioned the Karnataka High Court against the imposition of compulsory rural bond service by state authorities.
As per the affidavit, students required to serve in a government institute for a year. Failure to fulfil this compulsory rural service obligation would result in a penalty ranging from Rs 15 to Rs 30 lakh payable to the government. Students claim that this imposition of the bond unlawful.
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