अल्लाहाबाद हाई कोर्ट ने पोस्टिंग में देरी से पीजी डॉक्टर के बंधन को रद्द नहीं किया

PG doctors can't escape bond service over posting delay: Allahabad High Court

The Allahabad High Court held that a posting delay does not cancel a PG doctor's compulsory government service bond. It ordered fresh counselling for the petitioner while stressing that subsidised medical education carries a public duty.

The Allahabad High Court has said that doctors who study postgraduate medicine at government institutions on subsidised terms cannot avoid the compulsory government service bond linked to their admission. The court said the requirement of two years of government service is meant to ensure the availability of doctors in government hospitals and protect patients' right to life.

A bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary in Lucknow also said that a mere administrative delay in giving a posting would not, by itself, end the bond obligation. At the same time, the court found fault with the way the doctor in the case was denied a chance to take part in counselling for bond service, and ordered fresh counselling.

The observations came while the bench was hearing a petition filed by Dr Aparupa Sen Gupta, who completed MD in Transfusion Medicine from SGPGI, Lucknow. She had argued that because the government did not give her a posting within three months of the completion of her course, her two-year compulsory service bond should be treated as having lapsed.

The court rejected this argument. It noted that Sen Gupta had obtained a no-objection certificate from the government to pursue a PDCC course, and the certificate clearly said that the time spent on that course would not be counted towards her bond service, according to the order. The bench also said there was no provision in Uttar Pradesh under which failure to provide a posting within three months would automatically free a doctor from the bond.

However, the bench said the doctor had been wrongly denied an opportunity to participate in counselling for bond service. It noted that the counselling notification dated June 1, 2026 was for the 2022 batch of MD/MS candidates and the 2023 batch of diploma candidates, while the petitioner belonged to the 2021 batch.

The court directed the Director General, Medical Education and Training, to hold fresh counselling for her and allow her to choose from vacancies in government medical colleges and teaching institutions recognised by the National Medical Commission, according to the order.

The bench also directed the state to complete the exercise within four weeks from September 27, 2026. It said the 89 days that Sen Gupta worked as a senior resident at SGPGI after completing her PDCC course should 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, while making it clear that the bond itself remains enforceable.

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