Karnataka HC: Can't Bind Super-Specialist Doctor to Govt Service Without Posting
Karnataka HC rules a government doctor cannot be bound to service for life if no posting is provided after a super-speciality course.
The High Court of Karnataka has ruled that the government cannot compel a super-specialist doctor, who availed of the in-service quota for higher studies, to remain in service for life when no posting is offered after course completion. A Division Bench of Justice Anu Sivaraman and Justice Venkatesh Naik T. made the observation while refusing to interfere with a single judge's 2023 order that set aside disciplinary action against a government doctor.
The case involved Dr. Adnan Saeed, appointed as an Intensive Care Medical Officer at Bangalore Medical College and Research Institute (BMCRI) in 2009. In 2015, he secured a seat for MCh in Surgical Oncology at Kidwai Memorial Institute of Oncology under the in-service quota, executing a bond mandating compulsory government service until retirement.
After completing the three-year course in 2018, Dr. Saeed reported for duty and repeatedly sought a posting. The government, however, failed to assign him a role for over three years, during which he received no salary. He resigned in August 2021. Instead of accepting the resignation, BMCRI initiated disciplinary proceedings for alleged unauthorised absence.
The Bench found the State's contention of unauthorised absence unacceptable, noting the doctor had reported for duty but was not given a suitable posting. "A super-speciality qualified doctor cannot be expected to remain idle and not work when no posting orders are provided to him, in spite of reporting to the government for duty and seeking the same," the court observed.
The court also noted that the Supreme Court's 2019 ruling in the Association of Medical Super Speciality Aspirants and Residents case did not validate the condition of serving till retirement. "We are of the opinion that the condition that a post-graduate doctor, who has availed of the in-service quota for admission to a super-speciality course, must remain indebted to the government for the rest of his official life, even in the absence of any posting orders, is not an acceptable proposition," the Bench said.