Doctors cannot evade mandatory government service bond after subsidised PG education: Allahabad HC
The Court held that a mere administrative delay in providing a posting would not extinguish a doctor’s bond obligation, while faulting how a petitioner was denied counselling
The Allahabad High Court has ruled that medical students who pursue postgraduate education at government institutions at subsidized rates cannot avoid fulfilling the mandatory government service bond that comes with their admission. Justice Shekhar B. Saraf and Justice Abdhesh Kumar Chaudhary, in a ruling on September 21, 2026, emphasized that the two-year compulsory service requirement aims to guarantee the availability of doctors in government hospitals and safeguard patients' right to life.
The court dismissed the contention of Dr. Aparupa Sen Gupta, who completed her MD in Transfusion Medicine from the Sanjay Gandhi Postgraduate Institute of Medical Sciences (SGPGI) in Lucknow. Sen Gupta argued that because the government failed to provide her a posting within three months of her graduation, her two-year service obligation should be considered void.
However, the court disagreed, noting that Sen Gupta had received a no-objection certificate from the government to attend a Post Doctoral Certificate Course (PDCC). The PDCC's terms explicitly stated that the duration spent on the course would not count towards her bond service.
Moreover, the court found no provision in Uttar Pradesh that would automatically release a doctor from the bond if a posting is not secured within three months. Nevertheless, the court criticized the administration's handling of Sen Gupta's case. The court's June 1, 2026, counseling notification was intended for the 2022 batch of MD/MS candidates and the 2023 batch of diploma candidates. Sen Gupta belonged to the 2021 batch, and thus, she was not part of the original counseling process.
The court directed the Director General, Medical Education and Training, to conduct fresh counseling specifically for Sen Gupta and allow her to apply for vacancies in government medical colleges and teaching institutions recognized by the National Medical Commission. The court gave the state four weeks, from September 27, 2026, to complete the counseling process.
Furthermore, the court acknowledged the 89 days Sen Gupta spent as a senior resident at SGPGI after completing her PDCC and ordered these days to be deducted from her two-year compulsory government service bond. Until the fresh counseling process is completed, Sen Gupta will continue working as a senior resident at SGPGI, as directed by the court.
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