Dr. Mandira Sarkar & Others vs State Of Karnataka & Others

R. Devdas, J

The petitioners are aggrieved by the arbitrary action of the respondents No.3 and 4, ESI Corporation Medical College and PGIMSR, Bengaluru,

inasmuch as withholding the transfer certificates and refusal to issue No Due certificates to the petitioners, who are pursuing the Entrance

Examination having passed MBBS from the 3rd and 4th respondent Institutions, for the purpose of securing seats for Post Graduate Degree course

under All India quota. The allegation made by the petitioners against respondents No.3 and 4 Institutions is that having given seats to the petitioners an

arbitrary exercise of getting bonds executed for a period of five years of compulsory service in their hospitals under duress is resorted to. The legality

of service bonds being executed under duress fell for consideration before co-ordinate bench of this Court and this Court by order dated 14.02.2020 in

W.P.No.29365-29368/2018 and connected matters held that the ESI Corporation and its Colleges could not have got the bonds executed from the

petitioners and at any rate, the same cannot be enforced against the petitioners. Consequently, a writ of certiorari was issued quashing the impugned

orders passed by the respondents No.3 and 4 ESI Corporation and its colleges against enforcing five years compulsory service bonds. Similarly other

petitions were also filed by the students in W.P. Nos.23967-970/2019 and connected matters which were disposed of on 25.02.2020 taking note of the

decision of the co-ordinate bench in the case of Shabana Salahudheen and others in W.P.No.29365-29368/2018 and connected matters. On

21.4.2020 this Court had issued emergent notice to the respondents.

Matter is called out. Except the learned counsel for the respondent No.6-Medical Council of India and the learned Additional Government

Advocate, there is no representation for the other respondents. However, in view of the decisions rendered by this Court which are applicable to the

petitioners, this petition is allowed.

A writ of mandamus is issued directing the respondents No.3 and 4 to issue an endorsement to the petitioners relieving them of all liabilities in terms

of the judgment dated 14.02.2020 in W.P.Nos.29365-29368/2018.

The learned counsel for the petitioners further prays that in view of the COVID-19 pandemic, the respondent Nos.3 and 4 Institutions may be

directed to upload the transfer certificate directly to the Karnataka Examinations Authority to enable the petitioners to proceed in the selection of

seats. The 3rd and 4th respondents are therefore directed that the transfer certificates of the petitioners may be uploaded directly to the Karnataka

Examinations Authority in view of the peculiar facts and circumstances of this case surrounding the COVID-19 pandemic. The Karnataka

Examinations Authority which is respondent no.2 shall also ensure that the transfer certificates are received from the respondents No.3 and 4 â€

Institutions.

Ordered accordingly.