Madras High Court
Dr.Jainy J vs The State Of Tamil Nadu on 7 November, 2022
W.P.No.16038 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P.No.16038 of 2022 and
W.M.P.No.15372 of 2022
Dr.Jainy J ... Petitioner
Vs
1.The State of Tamil Nadu,
Represented by its Secretary,
Health and Family Welfare Department
Fort St. George,Chennai- 600 009.
2.The Director of Medical Education,
Kilpauk, Chennai – 600 010.
3.The Dean,
Madras Medical College,
E.V.R. Periyar Salai,
Chennai – 600 003. ... Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for
the 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 her at the
time of her admission to the course of Doctor of Medicine (M.D.) in General
Medicine, during May 2016, in the 3rd respondent College.
For Petitioner : Ms.Shanmitha S.
For Respondents : Mr.U.M.Ravichandran
Special Government Pleader
1/10
https://www.mhc.tn.gov.in/judis
W.P.No.16038 of 2022
ORDER
The prayer sought for in this writ petition is for a writ of mandamus
directing the 2nd and 3rd respondents authorities to return all original certificates of
the petitioner that were submitted by her at the time of admission to the course of
Doctor of Medicine (M.D.) in General Medicine, during May 2016, in the 3 rd
respondent College.
2. The petitioner was admitted in Doctor of Medicine (M.D.) in General
Medicine course at the 3rd respondent institute in the year 2016. At the time of
joining the course, the petitioner apart from the original certificates filed also had
executed a bond under which the petitioner had to work after successful
completion of the P.G. Degree course for the two years period to the Institution/
Government Hospital, failing which, the petitioner has to pay a sum of
Rs.40,00,000/- as bond fee to the 3rd respondent.
3. The petitioner had completed the course in May 2019 and was waiting for
getting the posting order to work during the bond period. Though the petitioner
waited for more than one year at last only on 24.12.2020 it seems an order of
appointment has been given by the respondents to the petitioner posting the
petitioner in Government Hospital, Gudalur i.e. the Nilgiris District and that order
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W.P.No.16038 of 2022
has not been complied with by the petitioner.
4. While that being so, the present writ petition has been filed seeking a writ
of mandamus to the respondents 2 and 3 to release all original certificates which
are held back by the 3rd respondent which were given at the time of joining in the
P.G. Degree in the year 2016.
5. Reiterating the aforestated, Ms.S.Shanmitha, learned counsel appearing
for the petitioner seeks indulgence of this Court.
6. Heard Mr.U.M.Ravichandran, learned Special Government Pleader
appearing for the respondents who has submitted the following Positional note
given by the 2nd respondent:
“It is informed that Dr.J.Jainy, had joined M.D. (General
Medicine) course at Madras Medical College, Chennai as Non
Service Post Graduate during the year 2016. On completion of her
course in May 2019, she was posted at Government Hospital,
Gudalur, The Nilgiris District who Director of Public Health &
Preventive Medicine R.No.61908/E5/A4/2019-DMS-8 dated
24.12.2020 to her but she has not joined duty in the posted place.
As per the conditions stipulated in the prospectus 2016-2017
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W.P.No.16038 of 2022
session, she has to pay the bond amount of Rs.40,00,000/- (Rupees
forty lakhs only) to the Dean, Madras Medical College, Chennai to
release all the original certificates submitted at the time of
admission, failing which appropriate action will be initiated to
recover the amount as per Revenue Recovery Act.”
7. Relying upon the Positional note and the copy of the order of appointment
given by the respondents to the petitioner dated 24.12.2022, the learned Special
Government Pleader appearing for the respondents submitted that, the petitioner,
even though posting order was given on 24.12.2020, did not accept and join in the
hospital where she has been posted in the Nilgiris District. Therefore, atleast for
the remaining period of the bond, she has to work or she has to undertake to work
whenever she is called for any emergency, without which, she cannot take back the
certificates, otherwise has to pay the bond fee of Rs.40,00,000/- he contended.
8. I have considered the said submissions made by the learned counsel
appearing for the parties and have perused the materials placed before this Court.
9. The issue raised in this writ petition has already been decided in many
number of writ petitions and one such writ petition in W.P.No.26461 of 2022 etc.
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W.P.No.16038 of 2022
batch in the matter of P.Ruba Devi Vs. The State of Tamil Nadu, where I had an
occasion to consider this kind of cases and passed the following orders:
“22. As has been rightly pointed out by the learned counsel
appearing for the petitioners which could not be controverted by the
learned Special Government Pleader for the respondents that, the
issue raised in these writ petitions is no more res integra as in the
Division Bench judgment in W.A.No.799 of 2021 dated 06.10.2022,
the Division Bench has concluded this issue.
23. The Division Bench in fact has held that the bond period is
coterminous with the candidates concerned, therefore once the bond
period is over i.e. the two years as the case may be if it is over within
which if no offer of employment is given to whatever reason by the
respondents, then the candidates cannot be clutched for any further
period and they are entitled to get back their certificates and they are
free to go for any other organisation to join or to go for any higher
studies. Suppose in some cases if the bond period is not completed,
even though the petitioners are ready and willing to work since there
has been no offer given as of now by the respondents, the petitioners
cannot be clutched and they cannot be kept idle without joining in
any other course or in any other job opportunity and therefore, the
Government i.e. the respondents themselves have come forward to
make the offer that within the bond period if they want to take back
the certificates and if they come forward to give an undertaking that
whenever they are called for an emergency they would come back
and serve for the bond period their certificates can be given back.
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W.P.No.16038 of 2022
The petitioners also since have agreed upon to give such an
undertaking, this Court having taken note of all these aspects is
inclined to dispose of these writ petitions with the following orders:
(i) That there shall be a direction to the respondents in all
these writ petitions to consider the request made by each of the
petitioners with regard to the returning back of the original
certificates which are held by the respondents as they have been
given by the respective petitioners at the time they joined in the
respective P.G. Degree courses or P.G. Diploma courses and return
back those certificates, in respect of the petitioners who completed
the two years bond period as of now, forthwith i.e. within a period of
two weeks from the date of receipt of a copy of this order.
(ii) Insofar as W.P.No.27467 of 2022 is concerned, since for a
period of one year the petitioner had been in maternity leave and
despite the offer made in this regard by the respondents, the
petitioner could not serve because of the maternity leave and now the
petitioner has come forward to give an undertaking that maternity
leave period of one year taken by the petitioner would be
compensated by serving the respondent institution if such offer is
given in future in case of emergency. Therefore, with that condition
to give undertaking the petitioner is entitled to get back the
certificates.
(iii) Insofar as the W.P.No.27248 & 27249 of 2022 are
concerned, since the bond period are over, within the bond period
only covid-19 duty were offered to them and no regular duty has
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W.P.No.16038 of 2022
been given or posting or appointments are given, these petitioners in
the said two writ petitions are free to get their certificates and the
certificates belong to them shall be returned back by the respondents
without any further conditions.
(iv) Insofar as all other writ petitions are concerned, since the
bond period having not over as they have completed the P.G. Degree
Courses only in 2022, after getting written undertaking to that effect
as desired by the respondents from each of the petitioners that they
would be ready to serve to the respondents/institutions/State
Government when they are called for due to emergency in future and
with these undertaking obtained from these petitioners individually,
the respondents shall release the certificates belongs to these
petitioners. The needful shall be undertaken by the respondents after
getting these undertaking from the petitioners within one week
thereafter.
24. With these directions, all these Writ Petitions are disposed
of. However, there shall be no order as to costs. Consequently,
connected miscellaneous petition is closed.”
10. Applying the same principle in the present case also if at all the
petitioner had to work for the two years bond period from May 2019 and during
that period even though the petitioner was waiting for getting orders from the
respondents, only belatedly i.e. in 2021 since the order of appointment has been
given to the petitioner and even that order could not be complied with by the
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W.P.No.16038 of 2022
petitioner, if at all the respondents wants to clutch the petitioner by requiring the
petitioner to work in the remaining bond period, the petitioner is liable to work
only for the remaining period i.e. for nearly about 5 to 6 months out of the two
years bond period since the petitioner had been waiting from May 2019 to
December 2021 to get the order of appointment.
11. In that view of the matter, this Court is inclined to dispose of this writ
petition with the following orders:
That there shall be a direction to the respondents especially the
3rd respondent to release all the original certificates which were
produced by the petitioner at the time of joining in the P.G. Degree
course as stated supra after getting an undertaking affidavit from the
petitioner to that effect that the petitioner would be ready and willing
to serve to the Government Hospitals/Institutions whenever on
emergency basis she is called for by the respondents in future and
after getting such undertaking affidavit, the documents referred to
above shall be returned to the petitioner. The needful as indicated
above shall be undertaken by the 3rd respondent within a period of
one week from the date of receipt of a copy of this order.
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W.P.No.16038 of 2022
12. With these directions, this Writ Petition is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
07.11.2022
Index : Yes / No
Speaking Order: Yes / No
Note : Issue order copy on 09.11.2022
Sgl
To
1.The Secretary,
State of Tamil Nadu,
Health and Family Welfare Department
Fort St. George,Chennai- 600 009.
2.The Director of Medical Education,
Kilpauk, Chennai – 600 010.
3.The Dean,
Madras Medical College,
E.V.R. Periyar Salai,
Chennai – 600 003.
https://www.mhc.tn.gov.in/judis
W.P.No.16038 of 2022
R. SURESH KUMAR, J.
Sgl
W.P.No.16038 of 2022 and
W.M.P.No.15372 of 2022
07.11.2022
https://www.mhc.tn.gov.in/judis
