Madras High Court
Dr.Nandita Agrawal vs State Of Tamil Nadu on 19 February, 2021
Writ Petition No.3738 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19/2/2021
CORAM
THE HONOURABLE Mr.JUSTICE B.PUGALENDHI
Writ Petition No.3738 of 2021
Dr.Nandita Agrawal ... Petitioner
Vs
1. State of Tamil Nadu
rep. By its 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. The Dean
Stanley Medical College
Chennai 600 003. ... Respondents
Petition filed under Article 226 of the Constitution of India praying for
the issuance of a writ of mandamus to direct the second and third
respondent authorities to return all the original certificates of the petitioners
1/10
https://www.mhc.tn.gov.in/judis/
Writ Petition No.3738 of 2021
that were submitted by her at the time of her admission to MD (General
Medicine) course during the year 2015 at the third respondent College along
with her Post Graduation Certificates.
For petitioner ... Mr.R.Arumugam
For respondents ... Mr.Annai Ezhil
Government Advocate
for R.1
Mr.E.Manoharan
Special Government Pleader
for R.R.2 and 3.
------
ORDER
This writ petition has been filed to direct the second and third
respondent authorities to return all the original certificates of the petitioners
that were submitted by her at the time of her admission to MD (General
Medicine) course during the year 2015 at the third respondent College along
with her Post Graduation Certificates.
2. The petitioner, who has completed MBBS degree course, intended
to pursue her MD (General Medicine) course in the third respondent
College. She got admitted in the year 2015 and at the time of admission, she
produced all the original certificates with the third respondent College. One
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Writ Petition No.3738 of 2021
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.40,00,000/- if the candidate failed to serve the Government despite an
offer of employment is made. The candidate has also to execute a bond with
this condition, at the time of admission. The petitioner has successfully
completed the Course as on 31/10/2018, 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 petitioner
submitted that the petitioner is suffering without employment for the past
two years, due to the arbitrary and discriminatory actions of the third
respondent. The petitioner requires the abovesaid certificates and if the
certificates are not produced by the third respondent, the petitioner may lose
the opportunity of getting a job.
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Writ Petition No.3738 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.40 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 petitioner, the original certificates of the petitioner 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
after expiry of the bond period of 2 years considering the current pandemic
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Writ Petition No.3738 of 2021
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. She had
completed the Course on 31/10/2018, but, the petitioner was 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 petitioner by
referring the bond executed by the petitioner.
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
required" contained in the clause dilutes its strength. The clause further
insists for reckoning of such service period from the date of completion of
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Writ Petition No.3738 of 2021
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:-
“103. Our conclusions, therefore, are:
I. …..
II. ….
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Writ Petition No.3738 of 2021
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,
accordingly, prepare a list of all such candidates
within fifteen days from today and notify it with
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Writ Petition No.3738 of 2021
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 petitioner has
not been offered any employment for more than two years, this court allows
the writ petition, with a direction to the respondents, to return the original
certificates of the petitioner, forthwith, on receipt of a copy of this order. No
costs.
19/2/2021
Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
mvs.
https://www.mhc.tn.gov.in/judis/
Writ Petition No.3738 of 2021
To
1. The 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. The Dean
Stanley Medical College
Chennai 600 003.
https://www.mhc.tn.gov.in/judis/
Writ Petition No.3738 of 2021
B.PUGALENDHI,J
mvs.
Writ Petition No.3738 of 2021
19/2/2021
https://www.mhc.tn.gov.in/judis/
