Madras High Court

Dr.Milanjyoti Patar vs State Of Tamil Nadu on 29 January, 2021

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                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATE: 29.1.2021

                                                        CORAM

                                        THE HON'BLE MR.JUSTICE B.PUGALENDHI

                                                 W.P.No.782 of 2021

                     Dr.Milanjyoti Patar                                     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 (DME)
                        Directorate of Medical Education,
                        156, Poonamallee High Road,
                        Kilpauk, Chennai 600 010.

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

                           Writ Petition filed under Article 226 of the Constitution of India
                     seeking issuance of a writ of mandamus directing the 2nd and 3rd
                     respondent authorities to return all original certificates of the petitioner
                     that were submitted by him at the time of his admission to MD
                     (Anaesthisiology) course on 30th May 2015 at the 3rd respondent
                     college together with the petitioner's original Post Graduation i.e., MD
                     (Anaesthisiology) Certificates.

                               For Petitioner   : Ms.A.Priyadarshini for
                                                  Mr.R.Arumugam

                               For Respondents : Mr.E.Manoharan, Special Government Pleader




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                                                          ORDER

This writ petition is filed for a mandamus directing respondents 2

and 3 to return the petitioner’s original certificates that were submitted

by him at the time of admission to MD (Anaesthisiology) course

during May 2015 at the third respondent college together with

petitioner’s original Post Graduation i.e., MD (Anaesthisiology)

Certificates.

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

to pursue a post graduation course in MD (Anaesthisiology)

conducted by the 2nd respondent as a non service candidate. He also

got admitted in the year 2015 and at the time of admission, he

produced all the original certificates with the respondent. 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.40 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 which is very much incorporated under clause

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56(g) of the Prospectus of the Course. The petitioner has also

executed a bond on 11.8.2015 at the time of admission. The petitioner

successfully completed the Post Graduation Course as on 30.5.2018,

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.E.Manoharan, learning Special Government Pleader took

notice for the respondents and filed written instructions provided to

him in this regard. He would submit that as per clause 56(g) 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 has been

detained.

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4. 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 situation and the consequent

necessity of their services and therefore, the welfare of the public at

large also needs to be taken care.

5. This court paid its attention to the rival submissions made and

also perused the available records.

6. The petitioner was admitted for the Post Graduation Course in

May 2015 and executed the bond on 11.8.2015. He also completed his

Post Graduation Course on 30.5.2018, but, the petitioner was not

offered any employment by the State Government till today.

7. The respondents, without offering any employment for more

than two years, are not entitled to retain the certificates of the

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petitioners by referring the bond executed by the petitioner.

8. Clause 56(5) of the Prospectus of the Course 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 the course by the candidate.

Therefore, reckoning of such period cannot 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.

9. 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.

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10. 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:

vii. The candidates who have not been offered

appointment within the period of two years

would be entitled to release of their certificates

accordingly.

104. 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

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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