Madras High Court
Dr.P.N.Chandrika vs The Director (Me) on 4 July, 2022
Order dated : 04.07.2022
Writ Petition Nos.25903, 25904 and 25905 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
Writ Petition Nos.25903, 25904 & 25905 of 2014
and
M.P.Nos.2, 2, 2, 3, 3 & 3 of 2014
Dr.P.N.Chandrika
D/o.P.N.Neelakandan ... Petitioner in W.P.No.25903/2014
Dr.Anarsh Debbarma
S/o.Sukumar Debbarma ... Petitioner in W.P.No.25904/2014
Dr.Manoj. V
S/o.Vellingiri ... Petitioner in W.P.No.25905/2014
Vs.
1.The Director (ME),
Employees' State Insurance Corporation,
Panchdeep Bhavan,
C.I.G. Road,
New Delhi - 110 002.
2.E.S.I. Corporation
represented by its Director,
143, Sterling Road,
Nungamabakkam,
Chennai - 600 034.
3.The Dean,
ESIC Medical College and PG-IMSR,
K.K.Nagar, Chennai - 600 078. ... Respondents in all W.Ps.
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Order dated : 04.07.2022
Writ Petition Nos.25903, 25904 and 25905 of 2014
PRAYER:
Writ Petitions filed under Article 226 of the Constitution of India praying
to issue a Writ of Certiorarified Mandamus calling for the records in Office
Order Nos.21, 22 and 25 of 2014 made in No.L-11/12/3/2010-Bond/ME Cell
dated 04.09.2014 passed by the first respondent and quash the same as illegal
and consequently, direct the third respondent to issue S.S.L.C. Mark Sheet,
Higher Secondary Mark Sheet, M.B.B.S. Degree Certificate and mark sheet,
Medical Registration Certificate, C.R.R.I. Completion Certificate, P.G. Course
Certificate, P.G. Degree Certificate, Conduct Certificate, transfer certificate to
the petitioners.
For Petitioners : Mr.G.T.Subramanian
[in all W.Ps.]
For Respondents : Mr.K.M.Venugopal
[in all W.Ps.]
*****
COMMON ORDER
The appointment orders issued to the petitioners appointing them as ESIC
Senior Residents, are under challenge in the present writ petitions.
2. The petitioners state that they applied for Post Graduate course
through All India Post Graduate Entrance Examination in 2011. The petitioners
got Post Graduate in the course of M.D. O&G, M.S.General Survey and M.D.
General Medicine, respectively, in ESI Medical College and PGIMR,
K.K.Nagar, Chennai - 600 078, in May, 2011 and completed P.G. course in
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Order dated : 04.07.2022
Writ Petition Nos.25903, 25904 and 25905 of 2014
May, 2014. At the time of joining, the petitioners surrendered the original
certificates. The petitioners state that they joined under the All India Quota and
therefore, the prospectus of the third respondent College are not applicable to
them. The petitioners had undergone the course by executing bonds on
14.03.2011, 03.05.2011 and 05.05.2011 respectively. As per the bond
condition, the petitioners have to serve for a minimum period of five years in the
ESI Corporation and in the event of failure, a sum of Rs.7,50,000/- is to be paid
by way of compensation. The results were declared for the P.G.Course in May,
2014 and the respondents have issued appointment orders, which are under
challenge in the present writ petitions.
3. Learned counsel appearing on behalf of the petitioners mainly
contended that the petitioners were admitted in the P.G.Course through All
India Post Graduate Entrance Examination in 2011 and therefore, the
prospectus of the third respondent College are not applicable to the petitioners.
The petitioners admit that they executed bonds to serve the public for a period
of not less than 5 years and in the event of failure, a sum of Rs.7,50,000/- is to
be paid. Learned counsel made a submission that the bonds executed by the
petitioners are invalid in view of the fact that the petitioners also faced several
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Order dated : 04.07.2022
Writ Petition Nos.25903, 25904 and 25905 of 2014
hurdles in clearing the P.G. Course. It took nearly about 5 to 6 years to secure
the P.G. degree after completion of the course. All these mitigating factors
should also be considered. Even at the time of admission of petitioners in the
P.G.Course, several judgments were prevailing stating that execution of bond
cannot be insisted upon the students at the time of securing P.G.Course.
4. Learned counsel appearing on behalf of respondents intervened and
clarified that the judgment was delivered in the year 2014 in respect of the State
owned medical colleges, which is not applicable to ESI Corporation Medical
Colleges. That apart, the petitioners had executed bonds in the year 2011 itself.
When the judgment came into force, by the time, the petitioners had completed
the course itself.
5. All the petitioners have completed their Post Graduate Medical Course
in the Employees State Insurance Corporation Medical College and Post
Graduate Institute of Medical Science and Research, Chennai. They have
completed their course and certificates were also issued to them. One of the
conditions imposed is that, after completing the Post Graduate course in the
third respondent Medical Institution, the petitioners have to serve five years with
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Order dated : 04.07.2022
Writ Petition Nos.25903, 25904 and 25905 of 2014
the ESI Corporation. In the event of failure, the petitioners are liable to pay a
total amount of Rs.7,50,000/- with interest @ 15% towards failure to fulfill the
obligations. The petitioners were aware of the bonds executed by them,
completed their respective Post Graduate Medical Courses and pursuant to the
interim order passed by this Court they have collected the Degree Certificates.
6. The question arises, whether the petitioners are liable to pay the
compensation as per the bonds executed by them as the respondents have set
out the claim that the petitioners have not served five years in the ESI
Corporation as per the bonds executed by them at the time of admission to Post
Graduate Medical Course in ESI Medical Institution.
7. The bond condition is as follows:
"Now the condition of the above written obligation is that in the
event the bounden discontinues the study or after completion of the Post
Graduate Course of study to which she/he was selected, fails to serve the
Corporation for period of FIVE years, the Bounden and sureties shall
forthwith pay to the Corporation on demand the total amount of
Rs.7,50,000/- (Rupees Seven Lakh Fifty Thousand only) with interest @
15% towards failure fulfill the obligation. The bond is legally binding on
the bounden and the sureties and upon the payment of such sum the
above written obligation shall be void and of no effect otherwise this
shall remain in full force and effect."
8. The agreed condition unambiguously stipulates that the petitioners
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Order dated : 04.07.2022
Writ Petition Nos.25903, 25904 and 25905 of 2014
should serve in the ESI Corporation for five years. In the event of failure to
comply with the said condition, the ESI Corporation is entitled to demand a
total amount of Rs.7,50,000/- with interest @ 15% towards failure to fulfill the
obligation. It is an admitted fact that the petitioners had executed bonds for
serving a term of five years, failing which, they agreed to pay a sum of
Rs.7,50,000/- with interest @ 15% towards failure to fulfill the obligation.
9. In the present case, though the petitioners state that the Post Graduate
degree was immediately not validated, the fact remains that the orders of
appointment were immediately issued on completion of P.G.Course. The orders
of appointment dated 04.09.2014 are under challenge in the present writ
petitions. Therefore, even before the recognition of the Post Graduate degree,
the ESI Corporation had issued the orders of appointment and the petitioners
had an opportunity to serve in the ESI Corporation even at that point of time.
The ESI Corporation, as per the bond, had issued orders of appointment
allowing the petitioners to serve in the ESI Corporation, however, the petitioners
have not complied with the bond condition. Hence, there is no reason for the
petitioners to now say that the course was not validated immediately. Even
before such validation, admittedly, the orders of appointment were issued.
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Order dated : 04.07.2022
Writ Petition Nos.25903, 25904 and 25905 of 2014
Therefore, the petitioners ought to have complied with the bond condition by
serving in the interests of public.
10. The orders of appointment, which are significant, are to be looked
into. The orders of appointment unambiguously state that the posting has been
done in public interest, in fulfillment of condition of compulsory service for a
period of five years under bond. Further, it states that the petitioners have to
report for joining duty before the concerned authority within a period of seven
working days.
11. This Court is of the considered opinion that execution of bond by the
authorities are based on the public interest. The public money is being spent for
the higher education of the candidates securing admission to P.G.Course. Since
the tax payers money is spent for education of an individual candidate, the ESI
Corporation or the Government executes certain bond to serve the public for a
specific period. This condition is a reasonable demand of the ESI Corporation as
the Corporation is spending several lakhs from the insured employees fund. The
ESI Corporation is running hospital for the welfare of the poor workmen and
whose contribution is being spent for the higher education of these candidates.
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Order dated : 04.07.2022
Writ Petition Nos.25903, 25904 and 25905 of 2014
Therefore, they have a reasonable expectation to serve for those workmen in the
interests of public for a minimum period of five years and accordingly, the
bonds were executed. Moreover, a decent amount as salary has been fixed for
doctors working in the ESI Corporation on par with the Government doctors.
Therefore, any candidate, on completion of the P.G.Course, is expected to
comply with the bond condition in the interests of the public and the welfare of
the poor workmen from whose contribution they had undergone the P.G.Course
in ESI Corporation. This being the basic reason for execution of bond, the
question of invalidating the bond as far as ESI Corporation is concerned need
not be considered. That apart, learned counsel for the respondents made a
submission that the judgment referred on behalf of the petitioners is with
reference to the Government Medical Colleges and not with reference to the ESI
Corporation Medical Colleges. As far as ESI Corporation Medical Colleges are
concerned, the bond was executed even prior to that judgment and admitting the
terms and conditions, the petitioners had completed the course and thereafter,
violated the condition by not joining the duty as per the appointment orders
issued by the ESI Corporation and filed the present writ petitions challenging
the appointment orders.
12. Considering the facts and circumstances of the case, this Court is of
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Order dated : 04.07.2022
Writ Petition Nos.25903, 25904 and 25905 of 2014
the opinion that the petitioners had violated the bond conditions and challenged
the appointment orders only with an intention to avoid the compliance of the
bond conditions. The specialized doctors, on completion of P.G.Course, are
always tempted to earn more by working in private hospitals or by developing
private clinics. Their ambition, no doubt, need not be questioned. However,
while undergoing course, if they have executed a bond for serving a minimum
period of five years, they are expected to comply with the same in the interests
of public and as per their own undertaking.
13. In the present case, the petitioners had violated the conditions of the
bond and not joined duty as per the appointment orders issued. Contrarily, the
petitioners have chosen to challenge the appointment orders in the present
petitions, which cannot be construed as infirm. The orders of appointment were
issued in consonance with the terms and conditions of the bond and therefore,
the petitioners have not established any acceptable ground for the purpose of
considering the relief as sought for in the present writ petitions.
S.M.SUBRAMANIAM., J
https://www.mhc.tn.gov.in/judis
Order dated : 04.07.2022
Writ Petition Nos.25903, 25904 and 25905 of 2014
gm
In the result, these Writ Petitions stand dismissed. No costs.
Consequently, connected miscellaneous petitions are closed.
04.07.2022
Index : Yes
Speaking order
gm
Writ Petition Nos.25903, 25904 and 25905 of 2014
https://www.mhc.tn.gov.in/judis
