Madras High Court

Dr.P.Greeshma M.S.(Ent) vs State Of Tamil Nadu on 25 February, 2021

W.P.No.4303 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2021

CORAM:

THE HONOURABLE MR. JUSTICE B. PUGALENDHI

W.P.No.4303 of 2021

Dr.P.Greeshma M.S.(ENT) ... Petitioner

..Vs..

1. State of Tamil Nadu
Rep. by its Secretary
Department of Health & Family Welfare
Secretariat, Fort St.George,
Chennai 600 009.

2. Director of Medical Education
Directorate of Medical Education
156, Poonamallee High Road,
Kilpauk, Chennai 600 010.

3. Dean
Madras Medical College
Chennai 600 003. ... Respondents

1/9

https://www.mhc.tn.gov.in/judis/
W.P.No.4303 of 2021

Prayer:- This Writ Petition is filed under Article 226 of the

Constitution of India praying to issue a Writ of Mandamus directing the

2nd and 3rd respondents authorities to return all original certificates

including Post Graduation certificates of the petitioner.

For Petitioner : Mr.R.Arumugam
For Respondents : Mr.E.Manoharan,
Special Govt.Pleader

ORDER

This writ petition has been filed to direct the second and third

respondents to return all the original certificates of the petitioners that

were submitted by her at the time of her admission to MS (ENT) course

during the year 2014 at the third respondent College along with her Post

Graduation Certificates.

2. The petitioner, who has completed MBBS degree course,

intended to pursue her MS (ENT) course in the third respondent College.

She got admitted in the year 2014 and at the time of admission, she

produced all the original certificates with the third respondent College.

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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.20,00,000/- 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 03.07.2017, 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 three and a half years.

3. Mr.R.Arumugam, learned counsel appearing for the petitioner

submitted that the petitioner is suffering without employment for the past

three and a half years, due to the arbitrary and discriminatory actions of

the third respondent. The petitioner requires the above said 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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4. Mr.E.Manoharan, learned 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.20 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

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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 2014. She

had completed the Course on 03.07.2017, but, the petitioner was not

offered any employment by the State Government till today.

8. The respondents, without offering any employment for more

than three and a half 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

https://www.mhc.tn.gov.in/judis/ W.P.No.4303 of 2021

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 the course by the candidate. Therefore, reckoning of

such period cannot be an eternal one and the candidates, after having

waited for three and a half 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/ W.P.No.4303 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, 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

https://www.mhc.tn.gov.in/judis/ W.P.No.4303 of 2021

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 three and a half

years, this court allows the writ petition, with a direction to the

respondents, to return the original certificates of the petitioner within a

period of two weeks from the date of receipt of a copy of this order. No

costs.

25.02.2021

Index: Yes/ No Internet: Yes/No Speaking Order/Non-speaking Order dpq

https://www.mhc.tn.gov.in/judis/ W.P.No.4303 of 2021

B. PUGALENDHI, J.