Allahabad High Court upholds two-year service bond for government-trained doctors despite posting delays

The Allahabad High Court has ruled that administrative delays in providing a posting do not absolve doctors from fulfilling the mandatory service bond attached to their subsidised postgraduate medical education at government institutions.

A Bench of Justice Shekhar B. Saraf and Justice Abdhesh Kumar Chaudhary, sitting in Lucknow, delivered the judgment while hearing a petition filed by Dr. Aparupa Sen Gupta, who had completed her MD in Transfusion Medicine from the Sanjay Gandhi Postgraduate Institute of Medical Sciences (SGPGI), Lucknow.

Court rejects automatic lapse argument

Dr. Sen Gupta had argued that because the government failed to provide her a posting within three months of completing her course, her two-year compulsory service bond should be treated as having lapsed. The Court rejected this contention, finding no provision in Uttar Pradesh under which failure to provide a posting within three months automatically discharged a doctor from the bond.

The Bench observed that the requirement of two years of compulsory government service was intended to ensure the availability of doctors in government hospitals and to protect patients' right to life. It held that a mere administrative delay in providing a posting would not, by itself, extinguish the bond obligation.

No-objection certificate stipulation upheld

The Court also noted that Dr. Sen Gupta had obtained a no-objection certificate from the government to pursue a Post Doctoral Certificate Course (PDCC). The certificate specifically stipulated that the period spent on the course would not be counted towards her bond service, according to the order.

Fresh counselling ordered for petitioner

However, the Court found fault with the manner in which Dr. Sen Gupta was denied an opportunity to participate in counselling for bond service. It noted that the counselling notification of June 1, 2026, was meant for the 2022 batch of MD/MS candidates and the 2023 batch of diploma candidates, whereas the petitioner belonged to the 2021 batch.

The Court directed the Director General, Medical Education and Training, to conduct fresh counselling for Dr. Sen Gupta and allow her to choose from vacancies available in government medical colleges and teaching institutions recognised by the National Medical Commission, according to the order. The Bench directed the State to complete the exercise within four weeks from September 27, 2026.

Prior service period to be adjusted

The Court also directed that the 89 days Dr. Sen Gupta had worked as a senior resident at SGPGI after completing her PDCC be adjusted against her two-year compulsory government service bond. Until the fresh counselling is completed, she will continue to work as a senior resident at SGPGI, the Bench said.

Source: The Hindu