Madras High Court
S.Shayanthini vs The Principal Secretary To ... on 12 April, 2022
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2022
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
S.Shayanthini ... Petitioner in W.P.No.7596 of 2022
R.Deepika ... Petitioner in W.P.No.7599 of 2022
T.Raajneesh ... Petitioner in W.P.No.7600 of 2022
Mohamed Nidhal.S ... Petitioner in W.P.No.7607 of 2022
R.J.Sakthi Venkatesh ... Petitioner in W.P.No.7683 of 2022
N.Khamini ... Petitioner in W.P.No.7689 of 2022
Vs
1/32
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
1.The Principal Secretary to Government of Tamil Nadu
Health and Family Welfare Department, Secretariat,
Chennai – 600 009.
2.The Director of Medical Education,
No.162, EVR Periyar Salai, Kilpauk,
Chennai – 600 010.
3.The Director of Medical and
Rural Health Services,
No.359, Anna Salai,
Chokkalingam Nagar,
Chennai – 600 006.
... Respondents in W.P.Nos.7596, 7599,
7600, 7607, 7683 &7689 of 2022
4.The Dean,
Madras Medical College,
Chennai – 600 001.
... Respondents in W.P.Nos.7596, 7599,
7600 & 7607 of 2022
4.The Dean,
Thanjavur Medical College,
Thanjavur – 613 004.
... Respondent in W.P.No.7683 of 2022
4.The Dean,
Government Mohan
Kumaramangalam Medical College,
Salem – 636 002.
2/32
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
... Respondent in W.P.No.7689 of 2022
The Director General of Health Services (DGHS),
Ministry of Health and Family Welfare,
Government of India,
Nirman Bhawan,
Maulana Azad Road,
New Delhi – 110 011
... 5th Respondent in the above W.Ps.
(R5 suo motu impleaded vide
this order)
COMMON PRAYER:- Writ Petition filed under Article 226 of the
Constitution of India, praying for the issuance of a Writ of Certiorarified
Mandamus, to call for the records of the 1st Respondent in G.O.Ms. No.
185, Health and Family Welfare (MCA1) Department dated 13.04.2020
clarified by the 1st Respondent by Govt. Letter No.4713/MCA-1/2022-1
dated 10.02.2022 thereby restricting submission of bank guarantee to
Super Speciality non service aspirants within the state of Tamil Nadu
selected through NEET All India quota to other states or private
institutions or DrNB (Doctorate of National Board) and quash the same
and consequently direct the 4th Respondent to return the original
certificates to the petitioner on extension of surety bond already executed
by the petitioner in the custody of the 4th Respondent without
3/32
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
submission of the Bank Guarantee, in order to produce the same for
pursuing Super Speciality course.
In all W.Ps.
For Petitioner : Mr.M.Sriram
For Respondents : Mr.D.Ravichander
Special Government Pleader – R1 to R4
Mr.V.Chandrasekaran
Senior Panel Counsel - R5
COMMON ORDER
All petitioners were initially aspiring for seats for super
speciality courses. Pending Writ Petitions, 6 out of 7 have been
successful in securing admission. The petitioner in W.P.No.7588 of 2022
awaits selection and his case has thus been de-linked and listed for
hearing on 19.04.2022.
2. Of the remaining, the case of the petitioners in W.P.Nos.7599
of 2022 and 7600 of 2022, Dr.R.Deepika and Dr.T.Raajaneesh are liable
4/32
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
to be accepted in line with letter dated 10.02.2022 of the Principal
Secretary to Government, Health and Family Welfare Department that
relaxes the condition of bank guarantee in respect of doctors who have
secured admission in a Government Medical College within the State of
Tamil Nadu.
3. The case of the petitioners in W.P.No.7596 of 2022 –
Dr.S.Shayanthini, W.P.No.7683 of 2022 – Dr.J.Sakthi venkatesh,
W.P.No.7607 of 2022 – Dr.S.Mohamed Nidhal, W.P.No.7589 of 2022 –
Dr.N.Khamini are distinguishable in that they have secured admission in
Institutions in other States as well as private colleges.
4. The details of admissions secured are tabulated below:
SL.NO WRIT PETITION PETITIONER’S ALLOTED
NAME INSTITUTIONS
1. 7596 OF 2022 DR.S.SHAYANTHINI Sri Jayadeva
Institute of
Cardiovascular
Science &
research,
5/32
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
Banglore, Govt. of
Karnataka
2. 7683 OF 2022 Dr.J.SAKTHI Osmania Medical
VENKATESH College,
Hyderabad, Govt.
of Telangana
3. 7607 OF 2022 DR.S.MOHAMED DrNB
NIDHAL NeuroAnaesthesia,
Global Hospitals,
Chennai, under
National Board of
Education (NBE),
Govt. of India.
4. 7589 OF 2022 DR.N.KHAMINI DrNB Nephrology,
Apollo Hospitals,
Chennai, under
National Board of
Education (NBE),
Govt.of India.
5. 7599 OF 2022 DR.R.DEEPIKA Stanley Medical
College, Chennai,
Govt. of Tamil
Nadu.
6. 7600 OF 2022 DR.T.RAJNEESH Madras Medical
College, Chennai,
Govt. of Tamil
Nadu
7. 7588 OF 2022 DR.M.VIGNESH Awaiting 2nd
KUMAR round.
5. All petitioners challenge G.O.Ms.No.185, Health and Family
6/32
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
Welfare (MCA1) Department dated 13.04.2020 and clarification issued
by the first respondent, i.e., the Principal Secretary to Government,
Health and Family Welfare Department dated 10.02.2022. The aforesaid
G.O. dealt with a condition imposed by the State upon the request of
students who had sought return of their certificates for continuance of
higher speciality/fellowship course.
6. In paragraph 2, the Secretary to Government states as
follows:
2. The Director of Medical Education has stated that the
Non-Service Post Graduate Board Speciality (Degree/Diplo-
ma)/Higher Speciality candidates who have studied in State
of Tamil Nadu and have selected to Higher Speciality/Fel-
lowship courses in other States/Private Self
Financing/Deemed University before getting posting order
for starting their bond service and the Candidates who have
joined the service in State of Tamil Nadu (before completing
their bond period) are requesting to return their original
certificates to continue their Higher Speciality/Fellowship
7/32
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
courses in other states/ Private Self Financing/ Deemed Uni-
versity.
7. Based on the experience of the State that non-service post
graduate candidates more often than not, do not comply with the service
conditions imposed on them and breach the bond conditions, the State
had decided to obtain bank guarantees from candidates aspiring for
higher studies. This is the sum and substance of paragraph 3 of the G.O.,
extracted below:
3. In order to prevent the Non Service Post Graduate Broad
Speciality/Degree/Diploma/Higher Speciality candidates
from escaping the bond conditions, the Director of Medi-
cal Education has decided to obtain Bank Guarantee
from those candidates before leaving to service and re-
quested the Government to issue necessary order in this
regard.
8. The proposals as aforesaid were examined by the State and the
following orders issued:
....
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
4. The Government have examined the proposal of the Direc-
tor of Medical Education and decided to accept the same.
Accordingly, the Government do hereby issue orders to the
Director of Medical Education as detailed below:-
I). to permit the Non service Post Graduate candi-
dates who have completed their Broad Speciality
(MD/MS/Diploma) Course in State of Tamil Nadu
(not completed their bond condition) and have se-
lected for Higher Speciality courses through en-
trance examination (either/neither NEET-SS) in
other State/Private self-financing/Deemed Univer-
sity to pursue the Higher Speciality course after ob-
taining the Bank Guarantee equivalent to the bond
amount as prescribed in the respective year
prospectus during the admission to Broad speciality
courses from the academic year 2016-2017.
II). to permit the Non service Post Graduate candi-
dates who have competed their Higher Speciality
(DM/M.Ch) Course in State of Tamil Nadu (not
completed their bond condition) and have selected
for Fellowship Course through entrance examina-
tion (either/neither NEET-SS) in other State/ Pri-
vate self-financing/Deemed University to pursue the
Fellowship course after obtaining the Bank Guar-
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
antee equivalent to the bond amount as prescribed
in the respective year prospectus during the admis-
sion to Higher speciality courses from the academic
years 2016-17.
9. After issuance of G.O.185 dated 13.04.2020, the State
considered the position of those students who continue to study in the
State of Tamil Nadu even for post graduate/super speciality courses and
since the State continues to retain control, as the students are continuing
their education in Government colleges within the State, the rigour of
G.O.185 was relaxed to this limited extent.
10. This was based upon several representations from post
graduate students who continued in the State who pointed out that their
certificates were being held by the Government Institutions within the
State control and thus some measure/degree of control is retained to
ensure that they do not breach the bond conditions. The logic of their
request found acceptance in letter dated 10.02.2022.
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
11. The relevant portion of letter dated 10.02.2022 is extracted
below:
2. A number of Post Graduate students represented
that when they have to join Super Speciality or from
Diploma to Post Graduate Seats in Government
medical institutions within the State, citing G.O.M-
s.No.185, Health and Family Welfare Department,
dated 13.04.2020, bank guarantee is being insisted
upon.
3.The G.O.Ms.No.185, Health and Family Welfare
Department, dated 13.04.2020 referred to students
joining other State/Private Self financing and
Deemed University without completing bond crite-
ria whereas these students are joining Government
Colleges within the State and not other State/Pri-
vate Self-financing/Deemed University. Thus the
bond criteria and the bank guarantee is not applica-
ble to them.
4.I am to state that the Director of Medical Educa-
tion need not insist upon bank guarantee and sent
the certificate of such candidates (who are going to
join in Government Medical Institutions within the
State) to the institution to which the candidates are
going to join and to ensure that the students pursu-
ing Post Graduate and Super Speciality are not
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
forced to obtain a bank guarantee. Instead, a simple
undertaking may be obtained that on completion of
the Super Speciality course/Post Graduate course,
the respective conditions of agreeing to serve in the
State, as the case may be, depending on the avail-
ability of the vacancies within the time frame may
be obtained.
12. Pending Writ Petitions, all petitioners were permitted to
participate in counselling to ascertain the success of their candidature as
this would have a bearing on the decisions to be made. This is for the
reason that prima facie I had felt that a distinction ought to be made
between Government Colleges not just in the State of Tamil Nadu but in
any part of the Country, vis-a-vis private institutions within and without
the State.
13. The petitioners are thus participated in the counselling and
the result of the counselling is that Dr.R.Deepika and Dr.T.Raajnesh have
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
been successful in securing seats in Stanley Medical College, Chennai
and Madras Medical College, Chennai respectively. Being Government
Institutions, there is no necessity for them to pursue their challenge to
G.O. 185 as modified by letter dated 10.02.2022, as they fall within the
exempted category, and benefit from clarification dated 10.02.2022.
14. Hence, W.P.Nos.7599 and 7600 of 2022 are closed
recording the above position. There is no hurdle to their certificates being
returned forthwith upon their complying with the conditions as
applicable to them and I order so.
15. Adverting to the case of the other four petitioners, clearly,
the imposition of, or exemption from any condition, falls within the
domain of the State. This position has been settled by the Hon’ble
Supreme Court in the case of Association of Medical Super Speciality
Aspirants and Residents & Others V. Union of India and others (W.P.(C)
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
No.376 of 2018) decided on 19.08.2019).
16. The challenge in that case related to compulsory bonds to
be executed for admission to post graduate medical courses and super
speciality courses. The petitioner association had sought a mandamus
quashing such compulsory bond conditions as imposed in the States of
Andhra Pradesh, Goa, Gujarat, Himachal Pradesh, Karnataka, Kerala,
Maharashtra, Orissa, Rajasthan, Tamil Nadu, Telengana and West Bengal.
17. A consequential direction had been sought by the members
of the petitioner association seeking return of their original mark sheets,
certificates and other documents that had been retained by the respective
States post completion of the speciality courses, insisting upon and
invoking the bond conditions.
18. The restrictions imposed by the different States are of
various hues and not all uniform in nature. The basis of the imposition
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
was however for the same reason, to retain some degree of control over
the candidates/doctors, to ensure that they serve the State for a given,
stated period.
19. All the States invest substantially in setting up and
maintaining the medical colleges, and the uniform thinking was that
having benefitted from the resources of the State, the candidates must be
prevailed upon the give back to the State, some of the expertise gained
by them.
20. The Hon’ble Court held that the conditions imposed fell
within the permitted authority that vested in the State, and was
reasonable and not in violation of any constitutional principle. Such
policy, to permit the States to engage in the exercise of imposing
reasonable restrictions upon those candidates who were the beneficiaries
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
of State sponsored infrastructure, was premised on the minimum need of
deprived sections of society to have access to proper health and tertiary
care.
21. The laudable object is thus that health care must not be
restricted only to those who have the resources to visit speciality and
corporate hospitals, but must be available even to those living in the
remote areas of a State. In the upshot, the claim of the Association was
dismissed and all doctors who had executed the bonds were held to be
bound by the conditions contained therein.
22. A suggestion was made by the Hon’ble Bench in
conclusion that, bearing in mind the rigour imposed by the States and the
need for uniformity in the matter relating to compulsory bonds, suitable
steps be taken by the Union of India and the Medical Council of India to
formulate a uniform policy regarding the compulsory service to be
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
rendered by doctors trained in Government Institutions.
23. Though rendered on 19.08.2019, nothing is placed before
me by learned counsel for the respondents to show that the suggestion of
the Hon’ble Supreme Court has borne any fruit. As a result, the disparity
in bond conditions continues.
24. The common counter of the respondents, sets out at
paragraph 5, the estimate of costs incurred by the State in running the
medical colleges, that is in excess of Rs.10 crores per year. This is
quantified approximately at a sum of Rs.27.00 lakhs per student per
annum. On the other hand, the fee structure is extremely subsidized and
reasonable and some of the petitioners were also paid stipend by the
Government.
25. It is best to extract the defence of the State in its own words.
“It is further submitted that every
Department in the government Medical Colleges
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
requires the following doctors, besides other staff and
infrastructural facilitites.
Sl. Name of the Post No.of Approximate Total
No Posts Annual Pay
.
1. Professor 8 Rs. 18305760
2. Associate 14 Rs. 24136728
Professor
3. Assistant 28 Rs. 44462544
Professor
4. Senior Resident 4 Rs. 6254208
Total Rs. 93159240
The salary of Staff and other infrastructural
facilities provided to every Department would cross
about Rs.10,00,00,000/- (Rupees Ten Crores) per year.
Thus for each petitioner to undergo the course, the
Government incurs Rs.27,00,000/- (Rupees Twenty
Seven Lakhs) approximately per annum and similar
amount for the 2nd and 3rd year also whether they
continue their study or not. Whereas the petitioners are
required to pay the tuition fees of Rs.30,000/- per year
and special fee of Rs.500/- per year, in all a total of
Rs.30,500/- only for their one year course. Apart from
that, the petitioners were paid stipend by the
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
Government to the tune of Rs.11,71,500/- from May-
2018 to May-2021.
The candidates trained at such low cost with
stipend must utilize their knowledge gained for the
benefit of the poor patients coming for treatment at
Government Medical College Hospitals. The
Government is offering all such speciality courses at a
very low cost when compared to the private institutions
with a fond hope that he/she will serve the poor. The
prime objective of the Government is to provide
specialized treatment to the poor people who are
unable to afford the high cost involved in treatments
outside Government Institutions, and to increase the
availability of skilled manpower.
Hence, it is natural that the Government desires
to ensure that these doctors who have undergone Post
Graduate training at a very low cost by utilizing the
poor people to serve the poor and the needy of this
country at large and this State in particular. The public
have the right to expect the Specialists to utilize the
skills they acquired during their training for the benefit
of the sick, the poor and the needy. To ensure that the
services of trained Post Graduate Doctors are made
available to the poor and needy patients, a bond
signed by the candidate with 3 sureties is obtained
from the candidates at the time of their admission. The
candidate is a well qualified registered medical
practitioner with adequate knowledge and only after
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
carefully reading the bond condition and
understanding it and after being fully aware of the
terms and conditions of the bond he/she has signed the
bond and he/she has not been forced to sign the bond.
It is sincerely believed that if allowed this will
encourage an attitude of not paying attention to those
poor people at whose expense they have been educated
which is not good and acceptable.”
26. The State also points out that some of the petitioners have
engaged in COVID duty on contract basis for some time. The legitimate
claim of the respondents is that in spite of executing a bond, as
admittedly enforcement of the bond is almost non-existent, many of the
candidates do not come back to serve the State. Thus, the purpose of the
bond is defeated resulting in considerable shortage in the number of
doctors employed in Government Institutions in the State.
27. I am now faced with the situation where the State of Tamil
Nadu has made a distinction between those candidates who continue to
study in Government colleges within the State and those who had opted
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
to leave the State to continue their studies elsewhere. In the latter case,
and if the bond conditions have not been fulfilled thus far by the doctors,
such conditions will spill over and merely be deferred to after the
completion of the super speciality courses.
28. In such an event, it becomes imperative for the State to, as
rightly contended by them, retain some measure/degree of control upon
the students, as in the alternative, there is every possibility that the
doctors would continue to greener pastures without feeling the need to
return to the State to serve.
29. Admittedly, the machinery for enforcement of the bond
conditions is not just poor but non-existent. It is, in such a situation that
the State has created an exemption from G.O.185 dated 13.04.2020 in
permitting continuance of original bond conditions in the cases of those
students who continue their studies in the State of Tamil Nadu.
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
30. However, the rigour of the Government Order continues in
the cases of those students who have secured admission outside the State
or in private institutions within the State. In such cases, the requirement
of a bank guarantee for a sum of Rs.40,00,000/- (Rupees forty lakhs
only) is insisted upon. Learned single Judges of this Court have
considered the pleas of candidates that the condition of bank guarantee is
onerous. Such consideration was prior to issuance of clarification dated
10.02.2022.
31. Ultimately, those petitioners were directed to furnish
guarantees for amounts less than the original liabilities which, as per
G.O.185 requires the bank guarantee to be equivalent to the bond amount
as prescribed in the prospectus in the respective year. (See orders dated
16.10.2020, 30.11.2020 and 03.12.2020 in W.P.Nos.14906 of 2020,
16849 of 2020 and 16842 of 2020 respectively). I am also told that the
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
aforesaid orders have been accepted by the State and bank guarantees
accepted for the negotiated amounts stated therein.
32. Having heard learned counsel, I am of the view that the
primary demarcation made under impugned Government Orders read
with clarification dated 10.02.2022 has some basis. I am also supported
in this view by the decision of the first Bench of this Court in Writ
Appeal No.799 of 2019 and a batch of Writ Petitions delivered on
06.10.2020. The conclusion of the Bench at paragraph 103 (v)
specifically takes note of the judgment of the Apex Court in the
Association case reiterating that that judgment laid down the law in
regard to the binding nature of bond/contract obligations.
33. The candidates in W.P.Nos.7607 and 7689 of 2022 have
secured admission in private institutions and hence are bound by
G.O.Ms.No.185 dated 13.04.2020 and clarification dated 10.02.2022.
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
Their writ petitions are dismissed, subject to relief as under.
34. The State has revealed its inclination to engage in
negotiation of the appropriate amount of bank guarantee to be executed
by the candidate opting for study in private institutions, both within and
without the State.
35. I thus direct Respondent 2, the Director of Medical
Education, to engage in a deliberation of the amount of bank guarantee to
be furnished by these petitioners, bearing in mind orders passed in
W.P.Nos.14906 of 2020, 16849 of 2020 and 16842 of 2020 as aforesaid
and decide the same within 24 hours from now.
36. The process of admission in the seats secured by these
candidates will be subject to this deliberation. It is made clear that the
candidates in question are bound by all conditions under G.O.185 dated
13.04.2020, including the furnishing of the bank guarantee, except for
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
the quantification of the bank guarantee to be furnished.
37. As regards those candidates who have secured admission in
Government Institutions in other parts of the Country, I am of the
considered and categoric view that the benefit of waiver of bank
guarantee extended by the State of Tamil Nadu to students studying in
Tamil Nadu, must be extended to those candidates as well. Learned
counsel for the respondents expresses some reservations on this score,
pointing out the absence of control that they hold in such matters.
38. Let us bear in mind that we are one unified Country and the
common aim of all State Governments is to improve the access of
underprivileged in their States to health care. A balance has to achieved
as between the aforesaid object and the interests of the Doctors upon
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
whom the condition of bank guarantee is imposed.
39. Moreover, the direction of the Hon’ble Court in the case of
the Association (supra) is that a uniform set of conditions must be
customised that would operate across all the States. To my mind, there is
a cue to be taken from this suggestion which is that some reciprocity
must be devised by States to enable quality medical education pan India
while at the same time, availing the benefit of the doctors who have been
the beneficiaries of such training.
40. There is no such mechanism available as of now to provide
for such reciprocity. However, bearing mind the compulsions of the
States, on the one hand, and students, on the other, a harmonious balance
must be struck and the States governments must reciprocally assist each
other in this respect.
41. The NEET prospectus contains a categoric condition to the
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
effect that students admitted must produce the certificates in hard copy,
and a declaration or certificate to the effect that they possess the required
qualification issued by other Institutions would not suffice. This
condition is evidently to get over the difficulties caused by breach of
bond conditions.
42. This condition has not however, conceived of the
certificates being held securely by the States themselves, albeit other
States, by putting in place an inter-State mechanism that would enable
candidates to avail opportunities in other States while still being bound
to return to the Home State to serve. That is, and to clarify, the Home
State must retain lien over the certificates of the candidates in question.
43. In addition, what is required is a mechanism whereby the
certificates of a Student from Tamil Nadu who has obtained admission to
a Government college in Karnataka, for example, may be securely held,
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
so as to satisfy the prospectus conditions, the requirements of the
admitting college (in Karnataka) and the Home State (TamilNadu).
44. Had such a mechanism been in place, which I believe will
be in the best interests of all stakeholders in the system, candidates who
have secured admission in Government Institutions though in other
States will also be entitled to the benefit of dispensation of the bank
guarantee too. Let such a mechanism be put in place forthwith to enable
such reciprocity.
45. The Director General of Health Services (DGHS), Ministry
of Health and Family Welfare, Government of India, Nirman Bhawan,
Maulana Azad Road, New Delhi – 110 011 is suo moto impleaded as 5th
respondent in the above Writ Petitions. Mr.V.Chandrasekaran, learned
Senior Panel Counsel accepts notice for DGHS and undertakes to convey
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
this order to the DGHS forthwith. The DGHS will appoint a Nodal
officer who will facilitate the process as indicated in the paragraphs as
above for the present academic year. Let this process be completed latest
by 14.04.2022.
46. The admission secured by the petitioners in W.P.No.7596 of
2022 and W.P.No.7683 of 2022, will await completion of this process and
further action in terms thereof. G.O.185 dated 13.04.2020 will be read
down to the extent as indicated in this order, and the aforesaid Writ
Petitions are ordered in the aforesaid terms.
12.04.2022
sl
Index : Yes / No
Speaking Order / Non-Speaking Order
Note: Issue order copy on 12.04.2022.
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
To
1.The Principal Secretary to Government of Tamil Nadu
Health and Family Welfare Department, Secretariat,
Chennai – 600 009.
2.The Director of Medical Education,
No.162, EVR Periyar Salai, Kilpauk,
Chennai – 600 010.
3.The Director of Medical and Rural Health Services,
No.359, Anna Salai,
Chokkalingam Nagar,
Chennai – 600 006.
4.The Dean,
Madras Medical College,
Chennai – 600 001.
5.The Dean,
Thanjavur Medical College,
Thanjavur – 613 004.
6.The Dean,
Government Mohan Kumaramangalam Medical College,
Salem – 636 002.
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
7.The Director General of Health Services (DGHS),
Ministry of Health and Family Welfare,
Government of India,
Nirman Bhawan,
Maulana Azad Road,
New Delhi – 110 011
https://www.mhc.tn.gov.in/judis
W.P.Nos.7596, 7599, 7600, 7607, 7683 &7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605, 7606, 7610,
7612, 7613, 7616, 7617, 7618, 7682, 7684, 7685,
7688, 7689 & 7690 of 2022
DR.ANITA SUMANTH, J.
sl
W.P.Nos.7596, 7599, 7600, 7607, 7683
&7689 of 2022 &
WMP.Nos.7599, 7600, 7601, 7604, 7605,
7606, 7610, 7612, 7613, 7616, 7617, 7618,
7682, 7684, 7685, 7688, 7689 & 7690 of 2022
12.04.2022
https://www.mhc.tn.gov.in/judis
