The Allahabad High Court has held that doctors who pursue postgraduate medical education at government institutions at subsidised rates cannot evade the mandatory government service bond attached to their admission.
A Bench of Justice Shekhar B. Saraf and Justice Abdhesh Kumar Chaudhary, sitting in Lucknow, said on Monday (September 21, 2026) 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.
The Court said a mere administrative delay in providing a posting would not, by itself, extinguish the bond obligation.
The Bench made the observation 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.
Dr. Sen Gupta had contended that since the government did not 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 the contention, noting 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.
The Bench also found that there was no provision in Uttar Pradesh under which failure to provide a posting within three months automatically discharged a doctor from the bond.
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 Sunday (September 27, 2026).
It 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.
Published – September 22, 2026 12:18 pm IST
