High CourtsSingle Bench(2016) 05 KAR CK 0007

Dr. Ramendra Kumar vs State of Karnataka

Karnataka High Court · Decided on 17 May 2016 · Citation: (2016) 4 KantLJ 424

HON’BLE JUDGES
S. Abdul Nazeer, J.
RESULT
Disposed Off
CASE NUMBER
Writ Petition Nos. 29529 to 29532 of 2016 (EDN-RES)

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Judgment

7 paragraphs · 367 words

S. Abdul Nazeer, J.—Heard.

2.

In these cases, the petitioners have challenged the constitutional validity of the Karnataka Compulsory Service Training by Candidates Completed Medical Courses Act, 2012 (Karnataka Act 26 of 2015) (for short ''the Act'').

3.

The aforesaid Act has already been stayed in W.P. No. 40566 of 2015 and other connected matters on 6-10-2015. All further proceedings, orders, action, notifications including the Rules etc., pursuant to the said Act have also been stayed.

4.

In identical matters in W.P. Nos. 25391 to 25393 of 2016, taking note of the aforesaid interim order, this Court has passed an order on 28-4-2016 as under:

"4. This Court has noticed that large number of writ petitions are being filed by the students, who are about to complete/completed their MBBS/PG/Super Speciality Courses in medicine seeking reliefs as has been sought in W.P. No. 40566 of 2015 and other connected matters. It is unnecessary for them to approach this Court for similar reliefs because the impugned Act has been stayed. All further proceedings, orders, action, notifications including the Rules, etc., pursuant to the impugned Act have also been stayed. Therefore, there is no impediment for the Universities concerned for the grant of degrees to the said students, subject to the result of the aforesaid writ petitions. The Universities concerned are directed to issue appropriate degrees to the concerned eligible students/Doctors including the petitioners herein, if they are otherwise eligible. However, when the eligible Doctors including the petitioners herein approach the Karnataka Medical Council for registration, they shall file an affidavit before the Council that they will abide by live order, which may be passed in W.P. No. 40566 of 2015 and other connected matters. Registration by the Council shall be granted only after filing an affidavit as above.

5.

However, there is no bar for the Doctors, who voluntarily join one year rural service training. Such Doctors shall be given allowances and all other benefits in accordance with the impugned Act and the Rules/notifications/orders made thereunder."

5.

The aforesaid order is applicable not only to the petitioners but also to all other similarly situated persons. Therefore, it is unnecessary to entertain these writ petitions. They are accordingly disposed of.