Madras High Court
Bareera P.H vs The State Of Tamil Nadu on 31 October, 2022
W.P.Nos.28545, 28546, 28548, 28549 and 28550 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.10.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P.Nos.28545, 28546, 28548,
28549 and 28550 of 2022
Bareera P.H. ... Petitioner in W.P.28545/2022
Surya Kumar S. ... Petitioner in W.P.28546/2022
P.Sasi Rekha ... Petitioner in W.P.28548/2022
Saranya M. ... Petitioner in W.P.28549/2022
Gayathri C.V. ... Petitioner in W.P.28550/2022
-Vs-
1.The State of Tamil Nadu,
Represented by its Principal Secretary,
Health and Family Department,
Secretariat, Chennai – 600 009.
2.The Directorate of Medical Education,
Represented by the Deputy Director of
Medical Education,
Kilpauk, Chennai – 600 010.
3.The Registrar
The Tamil Nadu Dr.MGR Medical University
69, Anna Salai, Guindy, Chennai 600 032.
4.The Dean
Coimbatore Medical College
Avinashi Road, Peelamedu
Coimbatore. ... Respondents in all the W.Ps.
Prayer in W.P.28545/2022 : Writ Petition under Article 226 of the Constitution of
India praying for the issuance of a Writ of Mandamus directing the 2 nd and 4th
respondents to return the original certificates that were submitted by her at the time of
her admission to the MS ENT Course on 05.01.2019.
1/9
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W.P.Nos.28545, 28546, 28548, 28549 and 28550 of 2022
Prayer in W.P.28546/2022 : Writ Petition under Article 226 of the Constitution of
India praying for the issuance of a Writ of Mandamus directing the 2 nd and 4th
respondents to return the original certificates that were submitted by her at the time of
her admission to the MD Paediatrics Course on 05.01.2019.
Prayer in W.P.28548/2022 : Writ Petition under Article 226 of the Constitution of
India praying for the issuance of a Writ of Mandamus directing the 2 nd and 4th
respondents to return the original certificates that were submitted by her at the time of
her admission to the MD Paediatrics Course on 05.01.2019.
Prayer in W.P.28549/2022 : Writ Petition under Article 226 of the Constitution of
India praying for the issuance of a Writ of Mandamus directing the 2 nd and 4th
respondents to return the original certificates that were submitted by her at the time of
her admission to the MD Paediatrics Course on 05.01.2019.
Prayer in W.P.28550/2022 : Writ Petition under Article 226 of the Constitution of
India praying for the issuance of a Writ of Mandamus directing the 2 nd and 4th
respondents to return the original certificates that were submitted by her at the time of
her admission to the MD Paediatrics Course on 05.01.2019.
In all W.Ps
For Petitioners : Mr.Govind Chandrasekhar
For Respondents : Mr.U.M.Ravichandran
1,2 and 4 Special Government Pleader
For Respondent 3 : M/s.Ramalingam & Associates
ORDER
The prayer sought for in these writ petitions is for a writ of mandamus directing
the respondents 2 and 4 to return the original certificates of the petitioners retained by
the 4th respondent regarding the Post Graduation Courses of the petitioners
respectively.
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W.P.Nos.28545, 28546, 28548, 28549 and 28550 of 2022
2. These petitioners after completing the U.G. Degree in Medicine joined in P.G.
Degree Courses and at the time of admission of P.G. Courses, when they submitted
their certificates, apart from them, a bond was asked to be executed by the petitioners,
under which, the petitioners had executed the bond stating that the petitioners would
work for the institution/Government for two years period after they completed the P.G.
Degree course.
3. Accordingly, they completed the P.G. Degree course in May 2022, thereafter
the petitioners service have so far not been utilised by the respondents by offering any
job to the petitioners. Now the petitioners want to pursue their further higher studies or
to join in any employment opportunities in any other institution or hospitals and for the
said purpose, when they approached the respondents to get the U.G. Degree original
certificates and other certificates submitted at the time of joining in the P.G. Degree
course, the respondents especially the respondents 2 and 4 stated that, since the bond
period of two years executed by them is yet to be over, within the said period, the
petitioners would not be provided with the original certificates.
4. Therefore in order to get the said certificates, the petitioners have moved the
present writ petition.
5. Heard Mr.Govind Chandrasekhar, learned counsel appearing for the
petitioners, who having reiterated the afore stated would seek the indulgence of this
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W.P.Nos.28545, 28546, 28548, 28549 and 28550 of 2022
Court and the learned counsel would also submit that, insofar as the bond period is
concerned, though the petitioners are ready and willing to work, their services are not
utilised by the respondents. Therefore, the respondents may be directed to return back
the original certificates and the petitioners would give an undertaking affidavit to the
respondents that whenever for the remaining bond period if the petitioners service are
required on emergency basis, on that basis if they are called for working to the
institution, they are ready and willing to work with the respondent institution.
6. Heard Mr.U.M.Ravichandran, learned Special Government Pleader appearing
for the respondents 1,2 and 4 who would submit that, the issue raised in this writ
petition has already been considered in number of cases and he has produced a copy of
the order dated 17.10.2022 in a batch of writ petitions in W.P.No.26461 of 2022 etc.
batch in the matter of P.Ruba Devi Vs. The State of Tamil Nadu, where, inter alia the
Court, after hearing both sides, has 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
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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. 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
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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 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.”
7. Relying upon the said judgment, the learned Special Government Pleader
would contend that, insofar as the petitioners' case is concerned, since the bond period
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is admittedly not yet over, they would be covered by sub-clause (iv) of para 23 of the
order referred to above.
8. I have considered the said submissions made by the learned counsel for both
sides. As has been rightly pointed out by the learned Special Government Pleader, the
issue raised in this writ petition is no more res integra as number of similar cases as
that of the case projected by the petitioners having been considered was disposed of. 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 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 Course and return back those certificates after
getting an undertaking affidavit from each of the petitioners to the effect
that the petitioners would be ready and willing to work with the institution
if they are called for in future on the basis of any emergency by the
respondents and with the said conditions, the certificates of the
petitioners can be returned back by the respondents immediately.
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9. With the above directions, this Writ Petition is disposed of. No costs.
31.10.2022
Index : Yes / No
Speaking Order: Yes / No
Note : Issue order copy on 02.11.2022
KST
To
1.The Principal Secretary,
State of Tamil Nadu,
Health and Family Department,
Secretariat, Chennai – 600 009.
2.The Deputy Director of Medical Education,
The Directorate of Medical Education,
Kilpauk, Chennai – 600 010.
3.The Registrar
The Tamil Nadu Dr.MGR Medical University
69, Anna Salai, Guindy, Chennai 600 032.
4.The Dean
Coimbatore Medical College
Avinashi Road, Peelamedu
Coimbatore.
https://www.mhc.tn.gov.in/judis
W.P.Nos.28545, 28546, 28548, 28549 and 28550 of 2022
R. SURESH KUMAR, J.
kst
W.P.No.28545, 28546, 28548
28549 and 28550 of 2022
31.10.2022
https://www.mhc.tn.gov.in/judis
