High Court Ruling: Doctors Must Fulfill Service Bonds Despite Posting Delays
Mandatory Service Bonds for Medical Graduates Upheld
Lucknow: The Allahabad High Court has ruled that medical professionals who enroll in postgraduate programs at government institutions with subsidized fees are obligated to fulfill the mandatory government service bond linked to their admission.
A bench comprising Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary stated on Monday that the two-year compulsory service requirement is crucial for ensuring that doctors are available in public hospitals, thereby safeguarding patients' right to life.
The court clarified that an administrative delay in assigning a posting does not nullify the bond obligation.
This ruling came during the hearing of a petition by Dr. Aparupa Sen Gupta, who completed her MD in Transfusion Medicine at SGPGI, Lucknow.
Dr. Sen Gupta argued that since the government failed to assign her a posting within three months after finishing her course, her two-year service bond should be considered void.
The court dismissed her argument, highlighting that she had received a no-objection certificate from the government to pursue a PDCC course, which explicitly stated that the time spent on this course would not count towards her bond service.
Additionally, the bench noted that there is no provision in Uttar Pradesh law that automatically discharges a doctor from the bond if a posting is not provided within three months.
However, the court criticized the process that prevented the doctor from participating in the counselling for bond service.
It pointed out that the counselling notification dated June 1, 2026, was intended for the 2022 MD/MS candidates and 2023 diploma candidates, while the petitioner was from the 2021 batch.
The court instructed the Director General of Medical Education and Training to organize new counselling for Dr. Sen Gupta, allowing her to select from available positions in government medical colleges and institutions recognized by the National Medical Commission.
The state was ordered to complete this process within four weeks from September 27, 2026.
Furthermore, the court mandated that the 89 days Dr. Sen Gupta worked as a senior resident at SGPGI after her PDCC course be credited towards her two-year compulsory government service bond.
Until the new counselling is finalized, she will continue her role as a senior resident at SGPGI.
