Madras High Court
Dr.Harish S.Dm vs State Of Tamil Nadu on 4 February, 2021
Writ Petition Nos.2372 and 2375 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 4/2/2021
CORAM
THE HONOURABLE Mr.JUSTICE B.PUGALENDHI
Writ Petition Nos.2372 and 2375 of 2021
Dr.Harish S.DM ... Petitioner in
W.P.No.2372 of 2021
Dr.Asha DM ... Petitioner in
W.P.No.2375 of 2021
Vs
1. State of Tamil Nadu
rep. By its Principal Secretary
Department of Health & Family Welfare
Secretariat
Fort St. George
Chennai 600 009.
2. The Director of Medical Education (DME)
Directorate of Medical Education
156 Poonamallee High Road
Kilpauk
Chennai 600 010.
3. Dean
Madras Medical College
Chennai 600 003. ... Respondents in both
the petitions.
1/10
https://www.mhc.tn.gov.in/judis/
Writ Petition Nos.2372 and 2375 of 2021
Petitions filed under Article 226 of the Constitution of India praying
for the issuance of a writ of to direct the second and third respondent
authorities to return all the original certificates of the petitioners that were
submitted at the time of their admission to DM (Neonatology) course during
July 2015 at the third respondent College.
For petitioner ... Ms.A.Priyadarshini
For respondents ... Mr.E.Manoharan
Special Government Pleader
------
COMMON ORDER
These writ petitions are filed for a mandamus, directing respondents 2
and 3, to return the petitioners original certificates that were submitted by
them, at the time of admission to DM (Neonatology) course, during July
2015 at the third respondent college.
2. The petitioners, who have completed MBBS degree course,
intended to pursue their DM (Neonatology) course conducted by the second
respondent as non service candidates. They got admitted in the year 2015
https://www.mhc.tn.gov.in/judis/
Writ Petition Nos.2372 and 2375 of 2021
and at the time of admission, they produced all the original certificates with
the third respondent College. One of the conditions in the said course is that
on successful completion of that course, the candidate is liable to serve
Government of Tamil Nadu on request for a period of two years or else the
candidate is liable to pay Rs.25 lakhs if the candidate failed to serve the
Government despite an offer of employment is made. The candidates have
also to execute a bond with this condition, at the time of admission. The
petitioners have successfully completed the Course as on 31.7.2018, but the
State Government has not provided any employment as per the bond, but,at
the same time the third respondent has not returned the original certificates
even after the bond period of two years.
3. Mr.R.Arumugam, learned counsel appearing for the petitioners
submitted that the petitioners are suffering without employment for the past
two years, due to the arbitrary and discriminatory actions of the third
respondent. The petitioners require the abovesaid certificates and if the
certificates are not produced by the third respondent, the petitioners may
lose the opportunity of getting a job.
https://www.mhc.tn.gov.in/judis/
Writ Petition Nos.2372 and 2375 of 2021
4. Mr.E.Manoharan, learning Special Government Pleader took notice
for the respondents and would submit that as per clause 58 of the
Prospectus, it is made clear that in all these Post Graduation Courses, the
Government is spending huge money and therefore, this condition of
serving for two years in Government is incorporated in the Prospectus itself
and the candidates should also execute a bond to that effect that in case if
they fail to serve the Government for a period of two years as agreed, then
they have to pay a sum of Rs.25 lakhs in lieu of that bond. He would further
submit that this clause has also been challenged and the issue has already
been settled by the Hon'ble Supreme Court and therefore as per the above
said bond executed by the petitioners, the original certificates of the
petitioners had been detained.
5. The learned Special Government Pleader would further submit that
only depending upon the requirement and vacancy position, the Government
is engaging the services of similarly placed candidates and in many such
cases, the candidates have opted to continue the Government Service even
https://www.mhc.tn.gov.in/judis/
Writ Petition Nos.2372 and 2375 of 2021
after expiry of the bond period of 2 years considering the current pandemic
situation and the consequent necessity of their services and therefore, the
welfare of the public at large also needs to be taken care.
6. This court paid its attention to the rival submissions made and also
perused the available records.
7. The petitioner was admitted for the Course in July 2015. They had
completed the Course on 31.7.2018, but, the petitioners were not offered
any employment by the State Government till today.
8. The respondents, without offering any employment for more than
two years, are not entitled to retain the certificates of the petitioners by
referring the bond executed by the petitioners.
9. The relevant Clause in the Prospectus itself clearly says that “they
shall serve the Government of Tamil Nadu for a period of not less than two
years, in the posting issued by Government, "if required”. The words "if
https://www.mhc.tn.gov.in/judis/
Writ Petition Nos.2372 and 2375 of 2021
required" contained in the clause dilutes its strength. The clause further
insists for reckoning of such service period from the date of completion of
the course by the candidate. Therefore, reckoning of such period cannot be
an eternal one and the candidates, after having waited for two long years,
cannot be compelled to wait for any more number of years on the ground of
their necessity which may arise at any later point of time by losing all their
opportunities.
10. A similar issue was also dealt by this court in W.P.No.16829 of
2020 and by following the order passed by a Division Bench in
W.A.No.799 of 2019, this court disposed of the Writ Petitions with a
direction to the third respondent to return the original certificates
considering the representation of the petitioners.
11. In W.A.No.799 of 2019 and batch, the State of Tamil Nadu and
another vs. P.S.Sairam and others, the Division Bench of this court decided
the issue as under:-
https://www.mhc.tn.gov.in/judis/
Writ Petition Nos.2372 and 2375 of 2021
“103. Our conclusions, therefore, are:
I. …..
II. ….
III. …..
IV. …..
V. ……
VI. …..
vii. The candidates who have not been offered
appointment within the period of two years would be
entitled to release of their certificates accordingly. We
have, therefore, no option but to set aside the
impugned judgment dated 1.10.2018, but with a
direction that in the event the period of two years has
passed by after the passing out of the candidates
without any offer of employment, then, in that event,
they are not bound by the terms of the bonds executed
by them and are consequently entitled for return of
certificates. It is further clarified that this period will
have to be sorted out in respect of all the candidates
together with the details of the offer of employment
made to them. The State Government shall,
https://www.mhc.tn.gov.in/judis/
Writ Petition Nos.2372 and 2375 of 2021
accordingly, prepare a list of all such candidates
within fifteen days from today and notify it with
details, including the date of passing out; the status of
the offer of employment or otherwise, as well as the
date of expiry of two years, in order to avoid any
confusion on this count."
12. In view of the above said order and the fact that the petitioners
have not been offered any employment for more than two years, this court
allows the writ petitions, with a direction to the respondents, to return the
original certificates of the petitioners, forthwith, on receipt of a copy of this
order. No costs.
4/2/2021
Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
mvs.
https://www.mhc.tn.gov.in/judis/
Writ Petition Nos.2372 and 2375 of 2021
To
1. The Principal Secretary
State of Tamil Nadu
Department of Health & Family Welfare
Secretariat
Fort St. George
Chennai 600 009.
2. The Director of Medical Education (DME)
Directorate of Medical Education
156 Poonamallee High Road
Kilpauk
Chennai 600 010.
3. Dean
Madras Medical College
Chennai 600 003.
https://www.mhc.tn.gov.in/judis/
Writ Petition Nos.2372 and 2375 of 2021
B.PUGALENDHI,J
mvs.
Writ Petition Nos.2372 and 2375 of 2021
4/2/2021
https://www.mhc.tn.gov.in/judis/
