Madras High Court
P.Ruba Devi vs The State Of Tamil Nadu on 17 October, 2022
W.P. No.26461 of 2022 etc. batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2022
CORAM
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P. Nos.26461, 26463, 26467, 26468 of 2022
W.P.Nos.26496, 26497, 26499, 26500 of 2022
W.P.Nos.26531, 26532, 26535, 26537 of 2022
W.P.Nos.26593, 26595, 26597, 26600, 26602 of 2022
W.P.Nos.27047, 27051, 27055, 27060, 27063, 27065, 27068 of 2022
W.P.Nos.27073, 27077, 27080, 27083, 27084 of 2022
W.P.Nos.27102, 27103, 27105, 27106 & 27107 of 2022
W.P.Nos.27118, 27122, 27125, 27128, 27130 of 2022
W.P.Nos.26777, 26775, 26780, 26783, 26788 of 2022
W.P.Nos.27180 & 27181 of 2022
W.P.No.27248 & 27249 of 2022
W.P.No.27467 of 2022 and W.M.P.No.26683 of 2022
*****
W.P.No.26461 of 2022:
P.Ruba Devi ... Petitioner
Vs.
1.The State of Tamil Nadu,
Represented by its Principal Secretary,
Health and Family Welfare Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.Directorate of Medical Education,
Represented by the Deputy Director
of Medical Education,
Kilpauk, Chennai – 600 010.
https://www.mhc.tn.gov.in/judis
W.P. No.26461 of 2022 etc. batch
3.The Registrar,
The Tamil Nadu Dr. M.G.R. Medical University,
69, Anna Salai, Guindy, Chennai – 600 032.
4.The Dean,
Madras Medical College,
EVR Periyar Salai,
Park Town,
Chennai. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus to direct the 2nd and 4th
respondents to return the original certificates of the petitioner that were
submitted by her at the time of her admission of the MD Paediatrics course
on 05.02.2019.
For Petitioner : Mr.Sharath Chandran
in WP.No.26461, 26463, 26467
& 26468 of 2022
: W.P.Nos.26496, 26497, 26499, 26500
of 2022
: W.P.Nos.26531, 26532, 26535, 26537
of 2022
: W.P.Nos.26593, 26595, 26597, 26600,
26602 of 2022
: W.P.Nos.27047, 27051, 27055, 27060,
27063, 27065 & 27068 of 2022
: W.P.Nos.27073, 27077, 27080, 27083,
27084 of 2022
: W.P.Nos.27118, 27122, 27125, 27128,
27130 of 2022
: W.P.Nos.26777, 26775, 26780, 26783,
26788 of 2022
: Mr.A.Mohamed Ismail
in W.P.Nos.27180 & 27181 of 2022
: Mr.R.Arumugam
in W.P.No.27248 & 27249 of 2022
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W.P. No.26461 of 2022 etc. batch
: Mr.G.Sankaran
in W.P.No.27467 of 2022
For Respondents : Mr.U.M.Ravichandran
in all WPs Special Government Pleader
for R1, R2 & R4
: Mr.R.Imayavaramban
for M/s.Ramalingam & Associates
for R3
COMMON ORDER
The issue raised in these writ petitions since is common, with the
consent of the learned counsel appearing for both sides, all these writ
petitions were heard together and are disposed by this common order.
2. These petitioners after having completed the UG degree course in
Medicine, subsequently, on selection, were admitted in respective P.G.
Degree courses or P.G. Diploma courses at the respondents Institutions.
3. At the time of admitting in P.G. Degree courses or P.G. Diploma
courses, they were asked to execute a bond under which inter alia one of
the important condition is that, these students after completing either the
P.G. Degree courses or P.G. Diploma courses have to serve for the
Government/Government Institutions/Hospitals for a period of two years
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W.P. No.26461 of 2022 etc. batch
after they successfully completed their respective P.G. Degree courses or
P.G. Diploma courses as the case may be.
4. Accordingly, these petitioners have completed their respective
P.G. Degree courses or P.G. Diploma courses in 2022, except in one case
in W.P.No.27467 of 2022 where she completed in 2020, in other words,
all these petitioners have successfully completed their respective P.G.
Degree courses or P.G. Diploma courses as the case may be on or before
31st May 2022.
5. Even though they completed the P.G. courses successfully, and
though they wanted to work for two years period their services have not
been utilised by the respondents by offering any job to them to utilise their
services for atleast two years period in order to comply with the bond
condition that these petitioners would be utilised for two years in
Government service.
6. Since no such offer had come from the respondents to utilise the
services of the petitioners for two years of their completion of the P.G.
Degree courses or P.G. Diploma courses, after the completion of the bond
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W.P. No.26461 of 2022 etc. batch
period, they would be free to go for any further option to secure a job in
any other Hospitals, Institutions or even they can pursue further higher
courses or super specialty courses.
7. However for the aforestated purpose, when they approached the
respondents/institutions to get back the original certificates which they
produced at the time of joining in P.G. Degree courses or P.G. Diploma
courses, they refused to give original certificates pertaining to these
petitioners on the simple reason that, since there has been a bond condition
in the bond executed by each of the petitioners at the time of admission in
P.G. Degree courses or P.G. Diploma courses, they should work for the
Institution of Government for the period of 2 years and therefore for the
period of two years, the petitioner would not be permitted to take back the
original certificates.
8. Only against this stand taken by the respondents as they withheld
the certificates belongs to the petitioners, these petitioners have
approached this Court and filed this batch of writ petitions.
9. Heard Mr.Sharath Chandran, Mr.G.Sankaran, Mr.A.Mohamed
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W.P. No.26461 of 2022 etc. batch
Ismail and Mr.R.Arumugam, learned counsel appearing for the petitioners
in respective writ petitions and Mr.U.M.Ravichandran, learned Special
Government Pleader for the respondents 1, 2 & 4 and
Mr.R.Imayavaramban, learned counsel appearing for the 3rd respondent.
10. The issue raised in this batch of writ petitions is no more res
integra as number of orders on this line have already been passed similar
to that of the petitioners based on the writ appeal order in W.A.No.799 of
2019 where the following orders have been passed:
“103. Our conclusions, therefore, are:
i.There is no material difference between the status of
students occupying the State seats and All India Quota seats,
in as much as they enjoy the educational facilities at par with
each other, with the same subsidies and the same expenses
being borne by the State Government.
ii.The conditions in the brochures for the years 2014~2015,
2015~2016 or the other brochures do not exempt the
candidates of All India Quota seats from any condition of
bond being executed by them and, therefore, the execution of
the bonds voluntarily by such candidates will be presumed to
be under the terms and conditions of the said brochures.
iii.The concessions made by the State Government and the
letters addressed in this regard, particularly the letter
communication dated 17.7.2017, or the admissions referred to
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W.P. No.26461 of 2022 etc. batch
in paragraphs (62) to (64) of this judgment, cannot confer any
benefit contrary to the terms and conditions of the brochures.
iv.The intimation given under the Right to Information Act by
the Central Government, as referred to in paragraph (65) of
this judgment, cannot also absolve the All India Quota seat
occupants from discharging their liability by the bonds which
they have voluntarily filled up, and to which agreement the
Central Government is not a party. Any such clarification
issued does not come to the aid of the writ petitioners.
v.The judgment of the Apex Court in the case of Association
of Medical Superspeciality Aspirants and Residents and
others (supra) lays down the law and, therefore, any judgment
rendered by this Court previously to the contrary does not
hold water and cannot be taken benefit of by the writ
petitioners.
vi.The period of applicability of the conditions under the bond
will be co~terminus with the period of two years from the
date a candidate successfully passes out the course, as
explained above, and would not continue beyond the same.
vii.The candidates who have not been offered appointment
within the period of two years would be entitled to release of
their certificates accordingly.” (Emphasis supplied)
11. After having declared the law in respect of this issue, the First
Bench also has passed the following order:
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W.P. No.26461 of 2022 etc. batch
“104. We have, therefore, no option but to set aside the
impugned judgment dated 1.10.2018, but with a direction that
in the event the period of two years has passed by after the
passing out of the candidates without any offer of
employment, then, in that event, they are not bound by the
terms of the bonds executed by them and are consequently
entitled for return of certificates. It is further clarified that this
period will have to be sorted out in respect of all the
candidates together with the details of the offer of
employment made to them. The State Government shall,
accordingly, prepare a list of all such candidates within fifteen
days from today and notify it with details, including the date
of passing out; the status of the offer of employment or
otherwise, as well as the date of expiry of two years, in order
to avoid any confusion on this count.”
12. Relying upon this decision and also various other decisions
following the aforestated one, the learned counsel appearing for the
petitioners would canvass the point that, insofar as the candidates who
have not completed the two years bond period, there are two options
available before the authorities concerned, either to utilise their services
for their bond period or to give back the certificates, however insofar as
the other candidates, where the two years bond period is over, they have to
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W.P. No.26461 of 2022 etc. batch
necessarily give back the certificates because, as per the law declared by
this Court in the judgment cited supra the period of applicability of the
conditions under the bond will be coterminous with the period of two
years from the date a candidate successfully passes out the course.
13. Therefore, the learned counsel appearing for the petitioners
seeks indulgence of this Court to give suitable direction to the respondents
to give back the original certificates which are withheld by the respondents
to the respective petitioners forthwith.
14. Mr.U.M.Ravichandran, learned Special Government Pleader
appearing for the respondents, by relying upon the written instructions
given by the respondents as well as the Government Order in
G.O.(Ms)No.185 Health and Family Welfare (MCA-1) Department dated
13.04.2022 would submit that, there are four category of cases under
which some of the cases during the bond period of two years no posting
orders could have been given for want of vacancy, in those cases they can
get the certificates and in respect of other three categories i.e. those who
are received posting orders but not joined in the posted place or the non
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W.P. No.26461 of 2022 etc. batch
service post graduates called for counseling but not attended the
counseling and also the non service post graduates called for counseling
but opted out without taking postings even though there were vacancies.
These are all the categories under which these petitioners can be
categorised. Therefore, insofar as the petitioners in whose bond period is
over within which no offer of appointment has been given to those
candidates, the respondents can give back their certificates and they are
free to go.
15. Insofar as the other three categories are concerned, either they
have to serve for the bond period or to give an undertaking to the
respondents that for the bond period or the remaining bond period, they
would be ready and willing to serve to the respondents in case of
emergency that arise in future and in that case they would be called for to
serve. Therefore, if an undertaking to that effect is given even in respect of
those petitioners, the certificates would be given to them.
16. In support of his contention, he relied upon the written
instructions given by the Director of Medical Education dated 13.10.2022
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W.P. No.26461 of 2022 etc. batch
which reads thus:
“General Instructions with regard to return of original
certificates
I.Non Service Post Graduate candidates who have
completed their PG courses in the year 2020
1. If no Posting orders have been issued to the Non Service
Post Graduates due to non availability of vacancy in the
counseling, then their certificates may be returned.
2.The following Non Service Post Graduates have to pay the
Bond amount in order to get their Original Certificates:
I) Those who were issued posting orders but not joined in
the posted place
ii) The Non Service Post Graduates called for counseling but
not attended the counseling.
iii) The Non Service Post Graduates called for counseling
but opted out without taking postings even though there were
vacancies.
II. Non Service Post Graduate candidates who have
completed their PG courses in the year 2021 & 2022
1. If no Posting orders have been issued to the Non Service
Post Graduates due to non availability of vacancy in the
counseling, then their certificates may be returned after
obtaining undertaking that they will offer their services, if
they are called during their bond period (2 years) in
Emergency situation in Health Department.
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W.P. No.26461 of 2022 etc. batch
2. The following Non Service Post Graduates have to do
Bond Service or pay the Bond amount in order to get their
original certificates
I) Those who were issued posting orders but not joined in
the posted place
ii) The Non Service Post Graduates called for counseling but
not attended the counseling.
iii) The Non Service Post Graduates called for counseling
but opted out without taking postings even though there were
vacancies.
For Director of Medical Education”
17. Mr.G.Sankaran, learned counsel appearing for the petitioner in
W.P.No.27467 of 2022 would contend that, in respect of this petitioner
though she completed the course in 2020 and the two years bond period
would be upto 2022, within the said period even though offer of
appointment was given, at that time the petitioner could not respond to the
same, because the petitioner was in maternity leave for one year.
Therefore after completing the maternity leave, the petitioner herself had
come forward to make an offer to serve in the bond period but so far i.e.
till the completion of two years bond period, no such offer was made by
the respondents.
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W.P. No.26461 of 2022 etc. batch
18. Insofar as W.P.Nos.27248 & 27249 of 2022 are concerned, the
bond period already over, within the bond period except the covid-19 duty,
no other duty was offered to the petitioners, the learned counsel
contended.
19. Insofar as W.P.No.27180 & 27181 of 2022 and other writ
petitions in this batch of cases are concerned, the bond period of two years
is yet to be over because they completed the course only in 2022.
20. The learned counsel appearing for the petitioners in the
remaining cases would contend that, all these petitioners are ready and
willing to give an undertaking before the respondents that they would
serve whenever they are called for subject to their joining in any other
course at the time of emergency for the remaining bond period and with
that undertaking, now the certificates pertaining to these petitioners can be
directed to be given back, they contended.
21. I have considered these rival submissions made by the learned
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W.P. No.26461 of 2022 etc. batch
counsel appearing for the parties and have perused the materials placed
before this Court.
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
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W.P. No.26461 of 2022 etc. batch
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. 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
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W.P. No.26461 of 2022 etc. batch
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 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
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W.P. No.26461 of 2022 etc. batch
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.
17.10.2022
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W.P. No.26461 of 2022 etc. batch
Index : Yes/No
Speaking order : Yes/No
Note : Issue order copy on 19.10.2022
Sgl/sp
To
1.The Principal Secretary,
State of Tamil Nadu,
Health and Family Welfare Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The Deputy Director of Medical Education,
Directorate of Medical Education,
Kilpauk, Chennai – 600 010.
3.The Registrar,
The Tamil Nadu Dr. M.G.R. Medical University,
69, Anna Salai, Guindy, Chennai – 600 032.
4.The Dean,
Madras Medical College, EVR Periyar Salai,
Park Town, Chennai.
R.SURESH KUMAR, J.
Sgl
W.P.No.26461 of 2022 etc. batch
https://www.mhc.tn.gov.in/judis
W.P. No.26461 of 2022 etc. batch
17.10.2022
https://www.mhc.tn.gov.in/judis
