HC allows MBBS service to count toward post-PG bond period

Dehradun: Uttarakhand high court has ruled that doctors who served in remote areas after completing their MBBS and before enrolling in postgraduate (PG) courses will have that period counted towards the mandatory three-year service required after completing their PG. A division bench comprising Chief Justice Manoj Kumar Gupta and Justice Subhash Upadhyay passed the order on Wednesday while disposing of a special appeal filed by the state govt.The case originated from a petition filed by Dr Mehul Singh Gunjyal and others, who challenged a govt rule requiring doctors to serve afresh for the full duration in hilly areas after completing their PG. The petitioners argued that the service they had already rendered under the bond prior to PG admission should be adjusted against the total mandatory service period. A single bench had earlier ruled in favour of the doctors.During the proceedings, the state cited a govt order dated July 23, 2008, which mandates five years of service after MBBS and three years after PG. It further said that “failure to fulfil this obligation would require doctors to pay a bond amount of Rs 15 lakh”. Most of the petitioners had completed their PG from private medical colleges, while one had graduated from a govt institution.In its appeal, the state govt expressed concern that “allowing such adjustments could hinder the recovery of bond amounts”. It contended that “it must retain the right to recover the bond money if doctors fail to complete the prescribed service after PG”.The bench, however, clarified that “the state’s right to recover the bond amount would remain intact if the petitioners violate the conditions of mandatory service after PG”. It held that, “while calculating the total three-year service period, prior service rendered after MBBS must be taken into account. For instance, a doctor who has already completed one year of service would only be required to serve the remaining two years after PG”.The court also condoned a delay of 127 days by the state govt in filing the appeal and disposed of all pending applications in the matter.