Madras High Court
Dr.Srinivas E vs The State Of Tamil Nadu on 8 November, 2022
W.P.No.29510 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.11.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
Writ Petition No.29510 of 2022
and W.M.P.No.28885 of 2022
1.Dr.Srinivas E
2.Dr.Sethupathy R
3.Dr.Balraj J
4.Dr.Arul Prasanna
5.Dr.Vignesh S.V.
6.Dr.Pranavakumar Palaninathan .... Petitioners
-Vs-
1.The State of Tamil Nadu
represented by its Principal Secretary
Health and Family Department
Secretariat, Chennai 600 009.
2.Directorate of Medical Education
Represented by the Deputy Director of
Medical Education, Kilpauk
Chennai 600 010.
3.Madras Medical College represented by
its Dean, Poonamallee High Road
Chennai 600 003.
4.The National Medical Commission
Represented by its Secretary
Pocket-14, Sector-8, Dwarka Phase I
New Delhi 110 077. ... Respondents
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W.P.No.29510 of 2022
Prayer : Writ Petition under Article 226 of the Constitution of India praying for
the issuance of a Writ of Mandamus directing the 3rd respondents to return the
original certificates / documents of the petitioners along with their post graduate
degree certificates.
For Petitioners : Mr.Suhrith Parthasarathy
For Respondents : Mr.U.M.Ravichandran
Special Government Pleader – for RR 1 to 3
Ms.Shubharanjani Ananth
Standing Counsel – for R4
ORDER
The petitioners in this writ petition had joined in PG Medical Course and
completed the same in May 2022. At the time of joining the course, they
submitted their original certificates relating to the UG Degree. That apart, as
required by the respondents, these petitioners also had executed a bond stating
that (or) undertaking that, these petitioners, after completion of their PG degree
would work for Government Hospitals / Institutions as the respondents desire for
a period a period of two years, which is otherwise called bond period.
2. After completion of course now in May 2022, though the petitioners had
waited for getting the job or engagement, the respondents have not come
forward to utilize the services of the petitioner in any Government institutions or
hospitals and to that effect no orders of appointment or engagement had been
made or passed by the respondents.
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3. In the meanwhile, the petitioners wanted to explore the possibility of
joining in any other hospital or institution for their livelihood and some of them
also wanted to pursue their super speciality course. In both counts, the original
certificates which are held back by the respondents which were given by these
petitioners at the time of joining in the PG Degree Course in the respective
institutions / hospitals, are required.
4. However, when these petitioners approached the respondents,
especially the institutions where they studied to get their original certificates, the
same were not given back to the petitioners and the reason for not giving back
the certificates according to the respondents is that, as per the bond condition
these petitioners should work in the Government institution / hospital for a
period of two years and since two years bond period is not over, as that period is
there till May 2024, within the said bond period the petitioners' certificates would
not be returned back to them. Only at that juncture, the present writ petitions
have been filed by these petitioners.
5. Heard the learned counsel for the petitioners who would submit that,
even though the petitioners are ready and willing to work in the bond period,
since the respondents have not come forward to utilize the services of the
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W.P.No.29510 of 2022
petitioners and no appointment or engagement orders have been issued,
keeping the petitioners idle would be a waste not only for the petitioners but
also for the nation, as they are qualified doctors. Therefore, the learned counsel
for the petitioners would submit that the petitioners are ready and willing to
execute an undertaking affidavit to and in favour of the respondents /
institutions where the petitioners studied, to the effect that, the petitioners are
ready and willing to work with the respondents for the bond period and in this
regard, whenever such emergency arises or need arises and if any offer of
appointment comes from the respondents, the petitioners are ready and willing
to honour the same and work in the institutions. Therefore, based on such
undertaking to be given by the petitioners, the respondents can be directed to
release or give back the certificates of the petitioners so that the petitioners, by
making use of the certificates, would work out for any job opportunity in any
other private or Government hospitals or pursue their higher studies, he
contended.
6. On the other hand, Mr.U.M.Ravichandran, learned Special Government
Pleader appearing for the respondents, on instructions would submit that, it is an
admitted case on the part of the petitioners that, they completed their respective
PG Degree in May 2022 and their bond period is there till May 2024. Within the
said period either they have to work in the Government Hospital or institution or
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W.P.No.29510 of 2022
make the payment of bond fee.
7. However, the learned Special Government Pleader would submit that,
the issue as to whether these petitioners are entitled to get back the certificates,
which they have given at the time of joining in the PG Degree had already
engaged this Court, in number of writ petitions in this regard, where this Court
having considered the said plea raised by the respective PG Degree holders, of
course by following the Division Bench Judgment in this regard, had disposed of
those writ petitions, where a set of directions have been given.
8. One such batch of writ petitions, according to the learned Special
Government Pleader, was disposed of on 17.10.2022 in the matter of P.Ruba
Devi Vs. The State of Tamil Nadu in W.P.No.26461 of 2022 etc. batch,
where this Hon'ble Court, according to the learned Special Government Pleader,
has given a set of directions in Para 23 of the said order, wherein Clause (iv) of
the direction in Para 23 would be squarely applicable to the facts of the present
case also. Therefore, if such kind of directions are given in these cases also,
that would be suffice to meet the ends of justice he contended.
9. I have considered the submissions made by the learned counsel for
both sides and perused the materials placed on record.
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W.P.No.29510 of 2022
10. As has been rightly pointed out by the learned Special Government
Pleader appearing for the respondents, the issue raised in these writ petitions
has already been decided in number of cases and in the said case viz., P.Ruba
Devi Vs. The State of Tamil Nadu (W.P.No.26461 of 2022 etc., batch of
cases) dated 17.10.2022, this Court has passed the following order.
“ 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
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W.P.No.29510 of 2022
for the bond period their certificates can be given back. 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
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W.P.No.29510 of 2022
concerned, since the bond period are over, within the bond period
only covid-19 duty were offered to them and no regular duty has
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.”
11. Various situations, depending upon the bond period, whether it is over
or yet to be over were taken into account and accordingly a set of directions
were given in the said batch of cases. However, insofar as this batch of writ
petitions are concerned, admittedly the bond period is yet to be over and the
two years period would be over only in May 2024. Therefore, as rightly pointed
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W.P.No.29510 of 2022
out by the learned Special Government Pleader, clause (iv) of the said order
cited supra would be squarely applicable to the facts of the present writ
petitions.
12. Accordingly, this Court feels that these writ petitions also can be
disposed of in the aforesaid terms. Hence, these writ petitions are disposed of
with the following order.
● That there shall be a direction to the respondents to return the
certificates in original which are held back by the respondents
given by the petitioners at the time of the admission into the PG
Degree Course in the respondent institutions as they have
completed the course in May 2022.
● However, before releasing / returning the certificates, the
petitioners shall execute an undertaking affidavit before the
respondents / institutions where they studied, by giving an
undertaking that the petitioners are ready and willing to work with
the respondent Government institutions / hospitals for the
remaining bond period whenever such call comes from the
respondents on the basis of any need arises in future or on any
emergency basis.
● It is made clear that in the affidavit to be executed by the
petitioners as indicated above, each of the petitioners shall
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W.P.No.29510 of 2022
indicate their present address as well as permanent address for
future communication by the respondents.
● On receipt of such undertaking affidavit, the respondents shall do
the needful as indicated above for releasing / returning the
certificates of the petitioners within a period of one week.
13. With the above directions, this writ petition is disposed of. No costs.
Consequently, connected miscellaneous petitions are closed.
08.11.2022
Index : Yes/No 1/2
Internet : Yes/No
KST
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W.P.No.29510 of 2022
To
1.The State of Tamil Nadu
represented by its Principal Secretary
Health and Family Department
Secretariat, Chennai 600 009.
2.Directorate of Medical Education
Represented by the Deputy Director of
Medical Education, Kilpauk
Chennai 600 010.
3.The Dean, Madras Medical College
Poonamallee High Road
Chennai 600 003.
4.The Secretary
National Medical Commission
Represented by its Secretary
Pocket-14, Sector-8, Dwarka Phase I
New Delhi 110 077.
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W.P.No.29510 of 2022
R. SURESH KUMAR, J.
KST
W.P.No.29510 of 2022
08.11.2022
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