Case Note & Summary
The petitioners, MBBS graduates who completed their PG or MBBS from ESIC Medical College, were directed by the ESIC Corporation to execute a bond for compulsory service for 5 years. They challenged the order dated 03.07.2018 posting them for such service. The court examined whether the bond was enforceable. It noted that the bond lacked any statutory backing under the ESIC Act or any other law, and that the right to practice a profession under Article 19(1)(g) cannot be curtailed by an executive order without legislative sanction. The court quashed the impugned orders and held that the bond is not enforceable.
Headnote
A) Constitutional Law - Right to Practice Profession - Article 19(1)(g) of the Constitution of India - Compulsory Service Bond - The court held that the bond requiring MBBS graduates to serve ESIC for 5 years after completing PG or MBBS is an unreasonable restriction on the right to practice any profession, as it lacks statutory backing and is not saved by Article 19(6). (Paras 1-10) B) Medical Education - Bond Enforceability - ESIC Act, 1948 - The bond was issued by ESIC without any enabling provision in the ESIC Act or regulations, and thus is void and unenforceable. (Paras 5-8) C) Administrative Law - Ultra Vires - The order posting petitioners for compulsory service was quashed as being without authority of law. (Paras 9-10)
Issue of Consideration
Whether the compulsory service bond requiring MBBS graduates to serve for 5 years in ESIC hospitals is enforceable and valid under law.
Final Decision
The court quashed the impugned orders dated 03.07.2018 and held that the compulsory service bond is not enforceable.
Law Points
- Right to practice profession
- Article 19(1)(g)
- compulsory service bond
- lack of statutory authority
- Medical Council Act
- ESIC Act
- bond not enforceable
