Madras High Court
Dr.G.Gowthaman vs The Joint Director on 12 July, 2021
W.A.No.1269 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.No.1269 of 2021
and C.M.P.No.8076 of 2021
Dr.G.Gowthaman .. Appellant
Vs
1.The Joint Director,
Medical & Rural Health Services,
Tiruppur District,
Tiruppur.
2.The Dean,
Coimbatore Medical College,
Coimbatore.
3.The Chief Resident Medical Officer,
Government Hospital Udumalpet,
Udumalpet. .. Respondents
Appeal filed under Clause 15 of Letters Patent against the order
dated 01.06.2020 made in W.P.No.2377 of 2020.
For Appellant : Mr.K.S.Karthik Raja
For Respondents : Mr.S.Arumugam,
Government Counsel
Page 1 of 7
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W.A.No.1269 of 2021
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This appeal has been preferred by the appellant, who seeks relief
contrary to the terms and conditions of the appointment/employment
which makes him to work mandatorily for specific period. The learned
Single Judge dismissed the writ petition and hence the present appeal.
2. Learned counsel appearing for the appellant submitted that
the larger issue has already been settled by a Division Bench of this
Court in The State of Tamil Nadu and Ors v. P.S.Sairam and ors
reported in (2020) 7 MLJ 513. What the appellant seeks is only a
deferment of the conditions imposed as he is pursuing a Ph.D Course
in Amrita University, Coimbatore.
3. Both the counsel made reliance upon the judgment of the
Division Bench referred supra which took note of the judgment of the
Apex Court governing the issue. The following is the operative portion
of the order passed by the Division Bench:
103. Our conclusions, therefore, are:
i. There is no material difference between the
status of students occupying the State seats and All
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W.A.No.1269 of 2021
India Quota seats, in as much as they enjoy the
educational facilities at par with each other, with
the same subsidies and the same expenses being
borne by the State Government.
ii. The conditions in the brochures for the years
2014-2015, 2015-2016 or the other brochures do
not exempt the candidates of All India Quota seats
from any condition of bond being executed by them
and, therefore, the execution of the bonds
voluntarily by such candidates will be presumed to
be under the terms and conditions of the said
brochures.
iii. The concessions made by the State Government
and the letters addressed in this regard, particularly
the letter communication dated 17.7.2017, or the
admissions referred to in paragraphs (62) to (64) of
this judgment, cannot confer any benefit contrary
to the terms and conditions of the brochures.
iv. The intimation given under the Right to
Information Act by the Central Government, as
referred to in paragraph (65) of this judgment,
cannot also absolve the All India Quota seat
occupants from discharging their liability by the
bonds which they have voluntarily filled up and to
which agreement the Central Government is not a
party. Any such clarification issued does not come
to the aid of the writ petitioners.
v. The judgment of the Apex Court in the case of
Association of Medical Superspeciality Aspirants and
Residents and others (supra) lays down the law
and, therefore, any judgment rendered by this
Court previously to the contrary does not hold
water and cannot be taken benefit of by the writ
petitioners.
vi. The period of applicability of the conditions
under the bond will be co-terminus with the period
of two years from the date a candidate successfully
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W.A.No.1269 of 2021
passes out the course, as explained above and
would not continue beyond the same.
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 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
employment or otherwise, as well as the date of
expiry of two years, in order to avoid any confusion
on this count.
105. The petitioner in W.P. No. 20800 of 2017 is
stated to have not filled up any bond. He is
therefore entitled to return of the certificates.
106. The petitioners in W.P. Nos. 10894, 10895
and 11485 of 2017 relate to 2012-2013 session
students. Their status be examined and if the
students of their batch have been handed over their
certificates, then in view of the long passage of
time, their certificates shall also be returned in
these peculiar circumstances.
107. Such of those candidates who have been
handed over certificates by virtue of interim orders
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W.A.No.1269 of 2021
passed by this Court relating to 2014-2015 and
2015-2016 sessions would be governed by the
findings and observations made herein above.
The appeal W.A. No. 799 of 2019 is allowed and the
writ petitions stand disposed of with the said
modifications. No costs. Consequently, connected
miscellaneous petitions are closed."
4. In view of the aforesaid submission made by the learned
counsel appearing for the appellant that the appellant has not
challenged the condition imposed but only seeking deferment, we
merely permit the appellant to make a request to the respondents.
5. Though the learned counsel appearing for the respondents
submitted that there is no material to indicate that the appellant is
pursuing Ph.D Course, we do not wish to go into the said issue as it is
for the respondents to take a call.
6. In such view of the matter, the writ appeal stands disposed of
giving liberty to the appellant to approach the respondents within a
period of two weeks from the date of receipt of a copy of this
judgment and in such case, the same is expected to be considered by
the respondents within a period of four weeks thereafter. We make it
clear that the order of the learned Single Judge will not stand as an
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W.A.No.1269 of 2021
impediment to consider the representation of the appellant. No costs.
Consequently, connected miscellaneous petition is closed.
(M.M.S., J.) (R.N.M., J.)
12.07.2021
Index:Yes/No
mmi/ssm
To
1.The Joint Director,
Medical & Rural Health Services,
Tiruppur District,
Tiruppur.
2.The Dean,
Coimbatore Medical College,
Coimbatore.
3.The Chief Resident Medical Officer,
Government Hospital Udumalpet,
Udumalpet.
https://www.mhc.tn.gov.in/judis/
W.A.No.1269 of 2021
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.No.1269 of 2021
12.07.2021
https://www.mhc.tn.gov.in/judis/
