Madras High Court
Dr.Ahamed Muneef vs Dr.Rajeswari on 7 March, 2022
W.A.Nos.462, 464 and 471 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.Nos.462, 464 and 471 of 2022
W.A.No.462 of 2022:
Dr.Ahamed Muneef ... Appellant
Vs.
1. Dr.Rajeswari
2. Dr.G.Arun Kumar
3. Dr.Durga R
4. Dr.M.Kokilavani
5. Dr.A.T.Indumathi
6. Dr.N.Poornima
7. Dr.S.Lakshmanan
8. The Dean
Employees State Insurance Corporation Medical College &
Post Graduate Institution of Medical Science & Research
Ashok Pillar Road, K.K.Nagar
Chennai - 078.
9. The Tamil Nadu Dr.MGR Medical University
Rep. by the Registrar
Guindy, Chennai. ... Respondents
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W.A.Nos.462, 464 and 471 of 2022
W.A.No.464 of 2022:
Dr.G.Arun Kumar ... Appellant
Vs.
1. Dr.Rajeswari
2. Dr.Ahmed Mubeef
3. Dr.Durga R
4. Dr.M.Kokilavani
5. Dr.A.T.Indumathi
6. Dr.N.Poornima
7. Dr.S.Lakshmanan
8. The Dean
Employees State Insurance Corporation Medical College &
Post Graduate Institution of Medical Science & Research
Ashok Pillar Road, K.K.Nagar
Chennai - 078.
9. The Tamil Nadu Dr.MGR Medical University
Rep. by the Registrar
Guindy, Chennai. ... Respondents
W.A.No.471 of 2022:
Dr.Durga R ... Appellant
Vs.
1. Dr.Rajeswari
2. Dr.Ahmed Mubeef
3. Dr.G.Arun Kumar
4. Dr.M.Kokilavani
5. Dr.A.T.Indumathi
6. Dr.N.Poornima
7. Dr.S.Lakshmanan
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W.A.Nos.462, 464 and 471 of 2022
8. The Dean
Employees State Insurance Corporation Medical College &
Post Graduate Institution of Medical Science & Research
Ashok Pillar Road, K.K.Nagar
Chennai - 078.
9. The Tamil Nadu Dr.MGR Medical University
Rep. by the Registrar
Guindy, Chennai. ... Respondents
Prayer: Appeals filed under Clause 15 of the Letters Patent against the
order dated 07.01.2022 in W.P.No.20784 of 2015.
For Appellants : Mr.A.Mohamed Ismail
COMMON JUDGMENT
(Delivered by the Hon'ble Chief Justice)
By these writ appeals, a challenge is made to the order dated
7.1.2022, by which the writ petition preferred by the appellants was
dismissed, however, with certain directions.
2. The writ petition was preferred by eight petitioners seeking
a direction on the respondents to return the following original
certificates: Higher Secondary/SSLC Certificate, MBBS Degree
Certificate, Mark Sheets, Medical Registration Certificate, CRRI
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W.A.Nos.462, 464 and 471 of 2022
Completion Certificate, MCI Recognition Certificate, Community
certificate, Post Graduate Degree Certificate, etc.
3. It is submitted that prior to the writ petition aforesaid,
another batch of writ petitions followed by writ appeals were
disposed by a Division Bench of this court by judgment dated
11.08.2017, where, on noticing that the medical institution has not
rectified certain deficiencies pointed out by the Medical Council of
India, the Division Bench deemed it appropriate to levy
compensatory cost of Rs.1,00,000/- from the medical institution for
every Under Graduate student and Rs.2,00,000/- for every Post
Graduate student who pursued their courses.
4. After the judgment aforesaid, the writ appellants completed
the Post Graduate course. They were required to serve the ESI
Corporation for five years, pursuant to the bond executed by them
at the time of admission to the Post Graduate Medical Course in ESI
Corporation Medical College. However, the appellants did not join
the service of the Corporation, despite issuance of appointment
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W.A.Nos.462, 464 and 471 of 2022
orders. Therefore, the respondent medical college invoked the
condition of the bond and, thereby, required the appellants to pay a
sum of Rs.7,50,000/- each.
5. It was the submission of the appellants before the learned
Single Judge that inasmuch as the Post Graduate Medical course
was not recognised at the time of completion of the course by the
appellants, the bond condition directing payment of Rs.7,50,000/-
ought to have been relaxed.
6. The learned Single Judge noticed that though there was
some delay in getting recognition of the Post Graduate course, the
fact remains that all the writ appellants were working as doctors
during the relevant period after completion of Post Graduate course
from the respondent medical college. The degrees given to the
appellants were also recognised followed by issuance of
appointment orders. In view of the above, there was no reason for
the appellants to deny service in the institution for a period of five
years despite furnishing of the bond.
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W.A.Nos.462, 464 and 471 of 2022
7. The learned Single Judge found that non-recognition of the
course for a small period has not affected the practice of the
appellants or joining as specialist doctor in the ESI Corporation
Hospital. Therefore, there was no justification in the appellants not
adhering to the bond condition contemplating serving the medical
college for five years. It is more so when ESI Corporation is
functioning from and out of the contributions from the labourers/
employees, who are low paid, though with contribution of the
employer also. The services are meant for the benefit of the poor
labourers, free of cost. Therefore, when the Post Graduate courses
are offered on condition that after Post Graduation, the appellants
should serve for five years with the ESI Corporation, such condition
should be strictly adhered to.
7. The learned Single Judge further observed that the ESI
Corporation has developed the research institution with the hope
that services of the qualified doctors would be available for the
betterment of the institution and for the human life, more
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W.A.Nos.462, 464 and 471 of 2022
specifically, lives of the poor labourers/employees. It is also a fact
that the ESI Corporation was paying a stipend of Rs.60,000/- per
month to the appellants during the entire course period, which was
received by the appellants without any protest or for want of
recognition of the course for some time. Rather, it was due to delay
in completion of certain formalities that the course was recognised
after some time. In any event, the appellants were conferred with
the Post Graduate Degree recognised by the Medical Council of
India.
8. Accordingly, it has been found that the appellants did not
serve the ESI Corporation for a period of five years. The learned
Single Judge has directed the payment of Rs.7,50,000/- in six equal
monthly installments staring from 1.2.2022 and in default of
payment, the ESI Corporation was given liberty to take action
against the appellants to cancel their medical registration
certificates.
9. On an overall conspectus of the facts, it is evident that the
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W.A.Nos.462, 464 and 471 of 2022
appellants were admitted to Post Graduate course on executing
bonds to serve the respondent medical college for five years on
completion of the course. There was a delay in getting recognition
of the course, but the fact remains that the course was recognised,
though with some delay, and the appellants were given
appointment orders. During the entire course period, the appellants
accepted the stipend. The appellants, on successfully completing
their courses, cannot now claim that as there was delay in
recognition of the course, the conditions of bond should be relaxed
and they should be exempted from serving the respondent college
for five years. As noticed by the learned Single Judge, ESI
Corporation serves the labourers/employees, who are low paid. The
ESI Corporation has also developed a research institution keeping in
mind the fact that the services of qualified doctors would be a boon
to the institution. Merely because there was some delay in granting
recognition, the bond conditions cannot be relaxed. The appellants
with eyes wide open accepted the terms and conditions of the bond
and, therefore, they have to strictly adhere to the default clause
too.
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W.A.Nos.462, 464 and 471 of 2022
10. In view of the above, we do not find any error in the order
of the learned Single Judge warranting interference. Accordingly,
the writ appeals are dismissed. There will be no order as to costs.
Consequently, CMP.Nos.3393, 3339 and 3328 of 2022 are also
closed.
(M.N.B., CJ.) (D.B.C., J.)
07.03.2022
Index : Yes/No
sasi/drm
To
1. The Dean
Employees State Insurance Corporation Medical College &
Post Graduate Institution of Medical Science & Research
Ashok Pillar Road, K.K.Nagar
Chennai - 078.
2. The Tamil Nadu Dr.MGR Medical University
Rep. by the Registrar
Guindy, Chennai.
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https://www.mhc.tn.gov.in/judis
W.A.Nos.462, 464 and 471 of 2022
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
(sasi/drm)
W.A.Nos.462, 464 and 471 of 2022
07.03.2022
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