{ "metadata": { "analysis_of_arguments": "The petitioners contend that compelling super specialty graduates to sign a bond and serve for two years is coercive, lacks statutory foundation, and may constitute capitation fees. They emphasize that the abrupt introduction of the government order infringes constitutional rights, particularly by withholding essential certificates. The government argues that the policy serves to strengthen public health services and references prior judgments that support mandatory service obligations for medical professionals. The petitioners also raise concerns over counseling sessions beginning without resolving the key dispute, while the respondents seek additional time to present a counter.", "bench": [ "The Hon\u0027ble Mr. Justice N.V. Shravan Kumar" ], "case_number": [ "WP No. 1715 of 2024" ], "cases_referred": [ "Association of Medical Super Speciality Aspirants vs Union of India" ], "chunkwise_data": { "chunk_1": { "analysis_of_arguments": "The petitioners argue that forcing them to sign a Rs.50,000/- bond for two years of compulsory service is beyond the Government\u2019s power and amounts to coercion and capitation. They contend that the order runs contrary to existing laws governing admissions and registration of medical practitioners. The respondents maintain that such a policy is aimed at improving public health services by ensuring availability of specialists in government hospitals.", "cases_referred": [], "delivered_date": "24.01.2024", "facts": "The petitioners, numbering 23, are doctors who have completed their super specialty courses. The State Government issued G.O.Ms.No.165 of 2017, making it compulsory for super specialty postgraduates to serve two years in government service and withhold original certificates unless the condition was fulfilled. The petitioners challenge this order, viewing it as unlawful, arbitrary, and a violation of their rights. They filed this writ petition seeking relief from the mandatory bond requirement and return of their certificates, alleging that their execution of the bond was coerced. The matter is now before the High Court under Article 226.", "final_status": "No final disposition is indicated in the provided text.", "formatted_summary": "This section details a writ petition filed against a government order mandating all super specialty medical postgraduates to serve two years in government service and binding them through a financial bond. The petitioners argue that withholding their original certificates for noncompliance is impermissible and contrary to their fundamental rights. They seek issuance of a writ to declare the order invalid, emphasizing that it was not introduced by legislation and that it imposes conditions beyond the government\u2019s authority. No final court decision is provided in the text.", "held": "No definitive ruling or outcome is provided in the text excerpt.", "latin_principles": {}, "legal_issues": "Whether the Government can legally mandate a two-year compulsory government service for super specialty graduates through an executive order, whether requiring such a bond and withholding original certificates violates constitutional rights, and whether the impugned G.O. improperly imposes conditions not provided by statute.", "prayer": "Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction, more particularly in the nature of writ of mandamus declaring that the G.O. Ms. No. 165 of 2017 dated 06.09.2017 issued for Compulsory Resident Specialist postings for Super Speciality Post Graduates and thereby withholding the Original Degree Certificate of Super Speciality as illegal, arbitrary and in violation of Article 14, 19, 21, 254 of Constitution of India.", "reserved_date": null, "statutes": { "Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974": "\u201c\u2026(2) The admission into educational institutions under sub-section (1) shall be subject to such rules as may be made by the Government in regard to reservation of seats\u2026 and the Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974\u2026\u201d", "Article 14, 19, 21, 254 of Constitution of India": "\u201c\u2026and thereby withholding the Original Degree Certificate of Super Speciality as illegal, arbitrary and in violation of Article 14, 19, 21, 254 of Constitution of India.\u201d", "Article 226 of the Constitution of India": "\u201cPetition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction\u2026\u201d", "Section 151 CPC": "\u201cIA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the G.O. Ms. No. 165 of 2017\u2026\u201d", "Telangana Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act": "\u201c\u2026Learned senior counsel would further submit that as per Section 3 of Telangana Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act has no power to regulate the manner in which the curriculum is decided and more particularly mandating Government service\u2026\u201d", "Telangana Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 2017": "\u201c\u2026and that Telangana Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 2017 do not provide for any regulations with regard to \u2018Super Specialty Courses\u2019 and the above-referred Rules only govern postgraduate medical courses\u2026\u201d", "Telangana Medical Practitioners Registration Act, 1968": "\u201c\u2026the condition of signing the bond imposed on the petitioners was passed against the spirit of Telangana Medical Practitioners Registration Act, 1968 wherein Section 158 of the said Act was omitted which mandated compulsory Government service but did not mandate signing of a surety bond\u2026\u201d" } }, "chunk_2": { "analysis_of_arguments": "Petitioners argue that the bond requirement is unjustified, lacks legal underpinning, and could constitute capitation fees. They also highlight that no viable supervisory structure exists if they do serve under such conditions. The government asserts previous rulings support its stance, noting that doctors had signed bonds upon admission and are bound by them, referencing a Supreme Court decision supporting mandatory service policies.", "cases_referred": [ "Association of Medical Super Speciality Aspirants vs Union of India" ], "delivered_date": null, "facts": "Several doctors challenged a government order imposing a mandatory bond requiring them to serve in government service for two years or pay a substantial penalty. They contend that the order, introduced by the respondent authorities, has no statutory backing and effectively amounts to collecting a capitation fee. The petitioners point out that the government earlier did not impose such conditions and that the new requirement was suddenly introduced. The case reached the High Court after objections were raised against the government\u2019s executive order, and the petitioners now seek relief against these imposed bond conditions.", "final_status": "Pending with an interim suspension of certain bond conditions", "formatted_summary": "In this segment, several doctors contested a government order requiring them to serve in government institutions for two years or face a hefty penalty. They contend that this executive directive lacks legislative authorization and resembles the imposition of capitation fees. The Court granted an interim suspension of those conditions for three weeks, emphasizing that the government\u2019s actions require proper statutory support. The matter was adjourned to allow the government time to file its response, leaving the controversy pending for a final decision.", "held": "The Court granted interim suspension of the impugned bond requirements (conditions 6 and 7) for three weeks, limited to the petitioners, while directing respondents to file their counteraffidavits and adjourning the matter for further proceedings.", "latin_principles": {}, "legal_issues": "Whether the government can lawfully require doctors to serve compulsorily for a specified period or pay a penalty, in the absence of explicit statutory authority.", "prayer": null, "reserved_date": null, "statutes": { "The Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974": "(2) The a.drnission into educational institutions under fsub-section (1)l shall be subject to stah rttles as mag be rnade bg the Government in regard to reserttation of seats to the mernbers belonging to Scheduled Castes, Scheduled Tribes and Backward Classes [and other categories of students as mau be notiJied bg the Gouernment tn this behalfl and the Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974.\n(3) Notwithstanding angthing in sub-sections (7) and (2), it shall be lawfut for the Gouernment, to q.dmit students belonging to other States on reciprocal bosis and the nominees o/ the Goaernment of India, into Medical and Engineering Colleges in accordance utith such ntles as mdg be prescribed:\nProvided that admission of students into the Regional Engineering College, Warangal to the extent of one-half of the total number of sects shalt be in accordance with the guidelines issued bg the Gouernment of India, from time to time.\" The above-referred Act was enacted only for the purpose of regulating admissions to the educational institutions and for prohibiting collections of capitation fee across Telangana and the impugned Government Order passed by the respondent is against the spirit of the said Act, which was enacted only for the purpose of preventing the institutions from such kind of activities and the statute also prohibits collection of capitation fee." } }, "chunk_3": { "analysis_of_arguments": "The petitioners seek relief as counseling has begun; the respondents request time to file a counter, indicating they intend to present their defense or position upon filing further pleadings.", "cases_referred": [], "delivered_date": "24.01.2024", "facts": "There are multiple petitioners in a writ petition concerning ongoing counseling, and the Government Pleader for the respondents sought time to file a counter. The Court directed the respondents to file their counter within two weeks, and the petitioners to file a reply within one week thereafter. The matter is posted for further proceedings on 14.02.2024.", "final_status": "Pending", "formatted_summary": "In this section, the Court notes that several petitioners have filed a writ petition relating to ongoing counseling. The respondents requested time to file their counter, which the Court granted. The Court then directed the petitioners to file a reply and posted the matter for further hearing on 14.02.2024. No final order has been passed.", "held": "No final determination has been made; the Court scheduled the matter for further proceedings and directed the parties to complete pleadings.", "latin_principles": {}, "legal_issues": "The central issue appears to concern the petitioners\u2019 challenge or request regarding the commencement of counseling, though specific legal controversies have not been elaborated.", "prayer": null, "reserved_date": null, "statutes": {} } }, "counsels": [ "M/s SAGARIKA KONERU (for Petitioners)", "Sri GADI PRAVEEN KUMAR (Dy. Solicitor General of India) (for Respondent No.1)", "GP for Family \u0026 Health (for Respondent No.2)" ], "delivered_date": "24.01.2024", "facts": "Multiple petitioners, including 23 doctors who completed super specialty courses, challenged Government Order G.O.Ms.No.165 of 2017 mandating a two-year compulsory service in government institutions and withholding original certificates if the condition is not met. The petitioners view the order as arbitrary, unlawful, and devoid of legislative sanction, likening it to the imposition of capitation fees. They assert that the government had not previously required such bonds, leading to sudden restrictions on their professional opportunities. The writ petitions were filed under Article 226 of the Constitution, and the High Court is currently considering the dispute. The Government Pleader requested time to file a counter, and the Court directed both sides to submit pleadings. The matter remains pending, with further proceedings scheduled for 14.02.2024.", "final_status": "Pending with an interim suspension of certain bond conditions", "first_party": [ "1. Dr. D. Anvesh Kumar Reddy, S/o D. Krishna Reddy", "2. Dr. Neelakanth U Parappanavar, S/o Uday S.Parappanavar", "3. Dr. B. Susruth kumar, S/o B. Srinivas", "4. Dr. Kaknale Harish Kumar, S/o Suryakant", "5. Dr. Netala Simhachala Varaprasad, S/o N. Appa Rao", "6. Dr. P. Naveen Chandratej, S/o P Narasimham", "7. Dr. Manigonda Ganesh, S/o Somasekhar", "8. Dr. Harshavardhan Guptha, S/o Narasimha murthy", "9. Dr. Pabba Anish, S/o Pabba Kailash", "10. Dr. Prafulla Kumar Singh, S/o T. N Singh", "11. Dr. Jawahar Shaik, S/o Abdul Salam", "12. Dr. Chandrashekhar Bhandiwad, S/o Siddappa Bhandiwad", "13. Dr. Palle Sharmila, D/o Palle Narasimhulu", "14. Dr. Surepally Arpitha, D/o S.Krishaniah", "15. Dr. Srilatha Jamm, D/o J. Chandra Rao", "16. Dr. Sanujit Pawde, S/o Apury Pawde", "17. Dr. Yogesh Ramesh Jadhav, S/o Ramesh Jadhav", "18. Dr. Tanniru Siva Kumar, S/o T Nageshwar Rao", "19. Dr. Addagarla Varun, S/o A Venkataramana", "20. Dr. S Nevin, S/o N.S.Sadeep", "21. Dr. P. Sudarshan Reddy, S/o P. Damodar Reddy", "22. Syed Zia Hussain, D/o Yed Saleem Pasha hussaini", "23. Dr A Mahendra Varadhan, S/o A Asokan" ], "grouped_statutes": { "Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974": [ "\u201c\u2026(2) The admission into educational institutions under sub-section (1) shall be subject to such rules as may be made by the Government in regard to reservation of seats\u2026 and the Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974\u2026\u201d", "(2) The a.drnission into educational institutions under fsub-section (1)l shall be subject to stah rttles as mag be rnade bg the Government in regard to reserttation of seats to the mernbers belonging to Scheduled Castes, Scheduled Tribes and Backward Classes [and other categories of students as mau be notiJied bg the Gouernment tn this behalfl and the Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974.\n(3) Notwithstanding angthing in sub-sections (7) and (2), it shall be lawfut for the Gouernment, to q.dmit students belonging to other States on reciprocal bosis and the nominees o/ the Goaernment of India, into Medical and Engineering Colleges in accordance utith such ntles as mdg be prescribed:\nProvided that admission of students into the Regional Engineering College, Warangal to the extent of one-half of the total number of sects shalt be in accordance with the guidelines issued bg the Gouernment of India, from time to time.\" The above-referred Act was enacted only for the purpose of regulating admissions to the educational institutions and for prohibiting collections of capitation fee across Telangana and the impugned Government Order passed by the respondent is against the spirit of the said Act, which was enacted only for the purpose of preventing the institutions from such kind of activities and the statute also prohibits collection of capitation fee." ], "Article 14, 19, 21, 254 of Constitution of India": [ "\u201c\u2026and thereby withholding the Original Degree Certificate of Super Speciality as illegal, arbitrary and in violation of Article 14, 19, 21, 254 of Constitution of India.\u201d" ], "Article 226 of the Constitution of India": [ "\u201cPetition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction\u2026\u201d" ], "Section 151 CPC": [ "\u201cIA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the G.O. Ms. No. 165 of 2017\u2026\u201d" ], "Telangana Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act": [ "\u201c\u2026Learned senior counsel would further submit that as per Section 3 of Telangana Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act has no power to regulate the manner in which the curriculum is decided and more particularly mandating Government service\u2026\u201d" ], "Telangana Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 2017": [ "\u201c\u2026and that Telangana Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 2017 do not provide for any regulations with regard to \u2018Super Specialty Courses\u2019 and the above-referred Rules only govern postgraduate medical courses\u2026\u201d" ], "Telangana Medical Practitioners Registration Act, 1968": [ "\u201c\u2026the condition of signing the bond imposed on the petitioners was passed against the spirit of Telangana Medical Practitioners Registration Act, 1968 wherein Section 158 of the said Act was omitted which mandated compulsory Government service but did not mandate signing of a surety bond\u2026\u201d" ] }, "held": "The Court granted interim suspension of specific bond requirements for a limited duration and directed respondents to file counteraffidavits. No final determination has been made, and the proceedings have been adjourned for further submissions.", "latin_principles": {}, "legal_issues": [ "Whether the government can legally mandate a two-year compulsory service through an executive order and withhold original certificates", "whether such a bond requirement and penalty violates constitutional rights absent statutory authority", "whether the counseling process and related conditions have valid legal backing." ], "location": "Hyderabad", "prayer": "Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction, more particularly in the nature of writ of mandamus declaring that the G.O. Ms. No. 165 of 2017 dated 06.09.2017 issued for Compulsory Resident Specialist postings for Super Speciality Post Graduates and thereby withholding the Original Degree Certificate of Super Speciality as illegal, arbitrary and in violation of Article 14, 19, 21, 254 of Constitution of India.", "reserved_date": null, "second_party": [ "1. Union of India, Represented by its Secretary, Department of Health and Family Welfare, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi - 110011", "2. State of Telangana, Represented by its Principal Secretary, Health, Medical and Family Welfare Department, Secretariat, Hyderabad", "3. Directorate General of Health Services, Represented by its Director, Ministry of Health and Family Welfare, Nirman Bhawan, Rajpath Area, Central Secretariat, New Delhi, Delhi-110001", "4. National Medical Commission, Represented by its Chairperson, Satarkta Bhawan, G.P.O. Complex, Block A, INA, New Delhi-110023", "5. Directorate of Medical Education, Represented by its Chairman, Government of Telangana Koti, Hyderabad, Telangana", "6. Telangana State Medical Council, Represented by its Chairman, P. B. 523, Sultan Bazaar, Near Post Office, Opposite Womens College, Hyderabad, Telangana 500095", "7. Kaloji Narayana Rao University of Health Sciences, Represented by its Vice Chancellor, Warangal, Telangana-506007", "8. Osmania Medical College, Represented by its Principal, 5-1-876, Turrebaz Khan Rd, Troop Bazaar, Koti, Hyderabad, Telangana 500095", "9. Gandhi Medical College, Represented by its Principal, Musheerabad, MIGH Colony, Walker Town, Padmarao Nagar, Secunderabad - 110003, Telangana" ], "statutes": { "Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974": "\u201c\u2026(2) The admission into educational institutions under sub-section (1) shall be subject to such rules as may be made by the Government in regard to reservation of seats\u2026 and the Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974\u2026\n\n(2) The a.drnission into educational institutions under fsub-section (1)l shall be subject to stah rttles as mag be rnade bg the Government in regard to reserttation of seats to the mernbers belonging to Scheduled Castes, Scheduled Tribes and Backward Classes [and other categories of students as mau be notiJied bg the Gouernment tn this behalfl and the Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974.\n(3) Notwithstanding angthing in sub-sections (7) and (2), it shall be lawfut for the Gouernment, to q.dmit students belonging to other States on reciprocal bosis and the nominees o/ the Goaernment of India, into Medical and Engineering Colleges in accordance utith such ntles as mdg be prescribed:\nProvided that admission of students into the Regional Engineering College, Warangal to the extent of one-half of the total number of sects shalt be in accordance with the guidelines issued bg the Gouernment of India, from time to time.\" The above-referred Act was enacted only for the purpose of regulating admissions to the educational institutions and for prohibiting collections of capitation fee across Telangana and the impugned Government Order passed by the respondent is against the spirit of the said Act, which was enacted only for the purpose of preventing the institutions from such kind of activities and the statute also prohibits collection of capitation fee.", "Article 14, 19, 21, 254 of Constitution of India": "\u201c\u2026and thereby withholding the Original Degree Certificate of Super Speciality as illegal, arbitrary and in violation of Article 14, 19, 21, 254 of Constitution of India.\u201d", "Article 226 of the Constitution of India": "\u201cPetition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction\u2026\u201d", "Section 151 CPC": "\u201cIA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the G.O. Ms. No. 165 of 2017\u2026\u201d", "Telangana Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act": "\u201c\u2026Learned senior counsel would further submit that as per Section 3 of Telangana Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act has no power to regulate the manner in which the curriculum is decided and more particularly mandating Government service\u2026\u201d", "Telangana Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 2017": "\u201c\u2026and that Telangana Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 2017 do not provide for any regulations with regard to \u2018Super Specialty Courses\u2019 and the above-referred Rules only govern postgraduate medical courses\u2026\u201d", "Telangana Medical Practitioners Registration Act, 1968": "\u201c\u2026the condition of signing the bond imposed on the petitioners was passed against the spirit of Telangana Medical Practitioners Registration Act, 1968 wherein Section 158 of the said Act was omitted which mandated compulsory Government service but did not mandate signing of a surety bond\u2026\u201d" }, "statutes_headnotes": { "Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974": "\u2014 Regulation of Admissions \u2014 Government empowered to prescribe seat reservations \u2014 Statute prohibits capitation fees \u2014 Impugned G.O.Ms.No.165 mandating two-year service for super specialty postgraduates challenged as lacking statutory basis \u2014 Court grants interim suspension of bond obligations \u2014 Further proceedings pending.", "Constitution of India": "\u2014 Writ Jurisdiction (Art. 226) \u2014 Government Order G.O.Ms.No.165 of 2017 mandating two-year compulsory service for super specialty postgraduates challenged \u2014 Petitioners allege lack of statutory basis, violation of Articles 14, 19, 21, 254, and akin to capitation fees \u2014 Withholding of certificates questioned as coercive \u2014 Government defends policy for public health \u2014 Interim suspension granted for specific bond conditions \u2014 Respondents to file counteraffidavits \u2014 Matter adjourned, no final adjudication.", "Section 151 CPC": "\u2014 Writ Petitions under Article 226 challenging G.O.Ms.No.165 mandating two-year compulsory service for super specialty postgraduates \u2014 Withholding of original certificates for non-compliance \u2014 Petitioners claim infringement of rights and statutory vacuum \u2014 Bond requirement likened to capitation fees \u2014 Government defends necessity under public health policy \u2014 Court invokes inherent power under Section 151 CPC to grant interim suspension of bond conditions \u2014 Respondents to file counteraffidavits \u2014 Proceedings adjourned.", "Telangana Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act": "\u2014 Regulation of Admission \u2014 Compulsory Service Bond \u2014 G.O.Ms.No.165 mandating two-year service in government institutions and withholding original certificates challenged \u2014 Petitioners argue Section 3 does not authorize such service or fees, likening it to capitation \u2014 Court grants interim suspension of bond conditions, orders counteraffidavits \u2014 Proceedings pending.", "Telangana Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 2017": "\u2014 Scope of Rules \u2014 Super Specialty Courses not covered \u2014 G.O.Ms.No.165 imposing two-year service for super specialty postgraduates challenged \u2014 Withholding certificates alleged to violate rights and lack legislative basis \u2014 Court grants interim suspension of bond conditions, directs counteraffidavits \u2014 Matter pending, no final adjudication.", "Telangana Medical Practitioners Registration Act, 1968": "\u2014 Compulsory Service \u2014 Bond Requirement \u2014 Section 158 omitted, removing statutory basis for mandatory government service \u2014 Petitioners challenge G.O.Ms.No.165 imposing two-year compulsory service on super specialty doctors and withholding certificates \u2014 Contention of no legislative support and breach of constitutional rights \u2014 Government supports necessity for public health \u2014 Court grants interim suspension of bond conditions \u2014 Matter pending." } }, "summary": { "formatted_summary": "Multiple doctors filed writ petitions challenging Government Order G.O.Ms.No.165 of 2017, which mandates compulsory two-year service for super specialty postgraduates and withholds their original certificates if they do not comply. The petitioners claim the policy lacks legislative foundation, infringes their rights, and amounts to capitation fees. The Court granted an interim suspension of some bond conditions, directed the respondents to submit counteraffidavits, and scheduled further proceedings. The case remains pending." } }