Karnataka High Court
Dr Bhavana Sundaram K vs State Of Karnataka on 8 June, 2023
Bench: Sachin Shankar Magadum
-1-
NC: 2023:KHC:19499
WP No. 16620 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 16620 OF 2022 (EDN-RES)
BETWEEN:
DR. BHAVANA SUNDARAM K,
AGED ABOUT 27 YEARS,
D/O SRI KRISHNA SUNDARAM V,
R/O NO. 832, BHAVANE,
9TH MAIN,
HAMPI NAGAR,
BENGALURU - 560 104.
...PETITIONER
(BY SMT. AKKAMAHADEVI HIREMATH., ADVOCATE)
AND:
Digitally signed by 1. STATE OF KARNATAKA,
LAKSHMINARAYAN
N
Location: High
DEPARTMENT OF HEALTH
Court of Karnataka
AND FAMILY WELFARE,
105, 1ST FLOOR,
SECRETARIAT BUILDING,
VIKASA SOUDHA,
SESHADRI ROAD,
BENGALURU - 560 001,
REPRESENTED BY ITS SECRETARY.
2. KARNATAKA EXAMINATIONS AUTHORITY,
SAMPIGE ROAD, 18TH CROSS,
MALLESWARAM,
-2-
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WP No. 16620 of 2022
BANGALORE - 560 012,
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
3. EMPLOYEES STATE INSURANCE CORPORATION,
MEDICAL DIVISION - IV,
HQRS. OFFICE,
PANCHADEEP BHAVAN,
C. I. G MARG,
NEW DELHI - 110 002,
REPRESENTED BY ITS DIRECTOR GENERAL.
4. THE EMPLOYEES STATE INSURANCE CORPORATION,
MEDICAL COLLEGE AND PGIMSR, BANGALORE,
RAJAJINAGAR,
BANGALORE - 560 010,
REPRESENTED BY ITS DEAN.
5. KARNATAKA MEDICAL COUNCIL,
16/6, MILLERS RD,
KAVERAPPA LAYOUT,
VASANTH NAGAR,
BENGALURU - 560 052,
REPRESENTED BY ITS REGISTRAR.
6. RAJIV GANDHI UNIVERSITY
OF HEALTH AND SCIENCES,
4TH T BLOCK,
JAYANAGAR,
BENGALURU - 560 041,
REPRESENTED BY ITS REGISTRAR.
7. NATIONAL MEDICAL COMMISSION,
(ERSTWHILE MEDICAL COUNCIL OF INDIA)
POCKET 14, SECTOR 8,
DWARKA, PHASE - 1,
-3-
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WP No. 16620 of 2022
NEW DELHI - 110 077,
REPRESENTED BY ITS SECRETARY.
...RESPONDENTS
(BY SMT. PRAMODHINI KISHAN., AGA FOR R1;
SRI. N. K. RAMESH., ADVOCATE FOR R2;
SRI. SHIVAKUMAR., ADVOCATE FOR
SMT. GEETHADEVI M P., ADVOCATE FOR R3 & 4;
SMT. RATNA SHIVAYOGIMATH., ADVOCATE FOR R5;
SRI. B. S. SACHIN., ADVOCATE FOR R6;
SRI. N. KHETTY., ADVOCATE FOR R7)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE AND
HOLD THAT THE R-3 AND 4 HAD NO LEGAL BASIS TO INSIST
UPON THE PETITIONER TO COMPULOSRILY SERVE THE R-3
AND 4 FOR A PERIOD OF FIVE YEARS UPON COMPLETION OF
THEIR MBBS DEGREE AT THE R-4 COLLEGE AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
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 dated 28.07.2012 executed by petitioner in favour of
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WP No. 16620 of 2022
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
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WP No. 16620 of 2022
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:
ORDER
i. The writ petition is allowed;
ii. A writ of certiorari is issued declaring
that the respondent Nos.3 and 4 do not
have any legal basis to insist upon the
petitioner herein to compulsorily serve
the respondent Nos.3 and 4 for a period
of five years upon completion of her
MMBS degree in the respondent
No.4/College;
iii. A writ of certiorari is issued declaring
that the bond dated 28.07.2012
executed by the petitioner in favour of
the respondent No.3 as illegal, without
any authority, unenforceable and non-
est in the eye of law;
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iv. A writ of mandamus is issued directing
the respondent Nos.3 and 4 to return
the Bank Guarantee dated 03.10.2018
executed by the petitioner for a sum of
Rs.7.5 lakhs, pursuant to the orders
passed by the City Civil Court in
O.S.No.2947/2018;
v. Further, with regard to prayer No.(iv) in
the writ petition to 'direct the
respondent No.4/College to refund a
sum of Rs.35,000/- to the petitioner
collected as deposit at the time of
joining the course, the petitioner is at
liberty to recover the same from the
respondent No.4/College in accordance
with law.
Sd/-
JUDGE
HDK
