Karnataka Governement has issued Notification under Karnataka Compulsory Service Training by Candidates Completed Medical Courses(Counselling Allotment and Certification) Rules 2015 on 24.07.2015 and has instructed all the Universities of State including Private & Deemed Universities to provide the list of student for compulsory rural posting of one year. After succesfull completion of rural training cum posting these students will be allowed for Registration with Karnataka Medical Counsil for practice. Students of J SS University challenged the Notification in the Hon High court, Court has given interim stay order on 16.10.2015 and said that respondants should issue degrees and grant registration to the respective petitionar students if otherwise eligible. Grant of Degree and consequential registration would be subject to the result of petition and subject to the condition that each petionar would file an affidavit of undertaking to this court within two weeks from today that in the event of failure of their petition they will comply with the provision of impungent Rules. My daughter got admitted in the year 2010 at BLDE Deemed University, Bijapur, Karnataka and I paid Rs 3.40 lacs per annum at the time of admission no such condition for Rural Training was advised to me, Now when degree is to be awarded and registration to be granted in the month of March 2016 government announced such notification in July 2015. We are so called upper cast and government has not given us any type of reservation, scholarship, fee concession or help in study even to the University. what should we do. Please advise me the course of action. Further KMC is asking affidavit on the basis of High courts stay order ignoring the fact that same was asked from the petitioner and that too within 2 weeks of judgement. I request all learned lawyers to help me to proceed further, whether my daughter should file a fresh petition, secondly college jurisdiction is Gulbarga where as Karnataka Medical council jurisdiction is Banglore
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Lawyers are available now to answer your questions.
1) your daughter has to furnish affidavit that in the event HC upholds the impugned rules she would have to undergo compulsory rural training fr period of 1 year
2) it is not necessary for your daughter to file fresh petition in HC
3) in case she files fresh petition HC will direct her to file an undertaking
4) Writ petition if any has to be filed in Bangalore as KMC has asked your daughter to give an undertaking
The course of action was to challenge govt's move in the HC, a remedy which has already been availed by some students. If your daughter has not challenged the notification thus far then she can also do so now, failing which she may not be a beneficiary of the HC's final order. There is nothing per se illegal in asking all the students to execute the affidavit which may be retained by KMC.
Sir, I seek advise that after this interim order there are 6 colleges in Karnataka and approximately 900 students would come out in March 2016. Lawyers are taking affidavit from number of students to submit the same in High Court. I could not understand how High court will link these affidavits with the petition dt 16.10.2015 & their stay order. Secondly if we go for a fresh writ than we will have to wait for courts directive and this will delay the registration process. Exactly what course of action should be adopted to deal with the matter.
dont file fresh petition .
your daughter should furnish affidavit that in the event HC upholds the impugned rules she would undergo compulsory rural training for period of 1 year
affidavit would have to be filed with KMC unless court has directed all students to file affidavit in court
I will advise you to consult a lawyer with a copy of the HC's interim order to decide the further recourse.