Madras High Court
S.Keerthana vs The Jawaharlal Institute Of ... on 14 September, 2023
WA No.2353 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
WA No.2353 of 2023
and CMP Nos.19915, 19917 and 19918 of 2023
S.Keerthana ... Appellant
-vs-
1. The Jawaharlal Institute of Postgraduate
Medical Education & Research (JIPMER)
Rep. by its Director, Gorimedu,
Dhanvantari Nagar, Puducherry 605006.
2. The Dean (Academics),
Academic Section, JIPMER,
Gorimedu, Dhanvantari Nagar,
Puducherry 605 006.
3. The Dean,
College of Nursing,
Christian Medical College (CMC),
Vellore-4. ... Respondents
Prayer: Writ appeal filed under Clause 15 of the Letters Patent against
the order dated 23.08.2023 in 24477 of 2023 on the file of this Court.
For the Appellant : Mr.Stalin Abhimanyu
Page 1 of 14
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WA No.2353 of 2023
For the Respondents : Mr.M.T.Arunan
for RR 1 and 2
; Mr.Krishna Srinivasan
Senior Counsel
for M/s.S.Ramasubramaniam &
Associates for R-3
*****
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.Stalin Abhimanyu, learned counsel for the
appellant, Mr.M.T.Arunan, learned counsel for respondent Nos.1 and 2
and Mr.Krishna Srinivasan, learned senior counsel for respondent No.3.
2. The appellant had filed a writ petition bearing W.P.No.24477 of
2023 seeking directions against the third respondent institution to
issue Transfer Certificate, Transcript Certificate, Experience Certificate
and Course Completion Certificate to the appellant.
3. The appellant had joined the B.Sc. (Nursing) course with the
third respondent institution. At the time of admission, a bond was
executed by the appellant that she would serve with the third
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WA No.2353 of 2023
respondent for two years. The appellant had completed the course on
07.02.2021. The appellant was immediately issued with an
appointment order to serve the respondent No.3 for two years in
terms of the bond.
4. The appellant had appeared for the examination of the post
graduate course, has passed the same and was offered admission in
the first and second respondent institution. The appellant has not been
issued with the Transfer Certificate, Transcript Certificate, Experience
Certificate and Course Completion Certificate on the ground that the
appellant has not yet served for two years with the third respondent
institution.
5. The learned Single Judge dismissed the writ petition on the
ground that the appellant has to mandatorily serve two years with the
third respondent institution as a condition of the bond. The said
judgment is assailed in the present appeal.
6. The learned counsel for the appellant submits that the
appellant is ready to serve the respondent No.3 for two years. She
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WA No.2353 of 2023
has got admission in respondent No.1 institution for post graduate
course. After completion of the post graduate course, the appellant
would render the service to respondent No.3 for the remainder period
and the appellant in her affidavit has undertaken to that effect. The
appellant is also ready to deposit the amount of stipend which the
appellant would have received for the remaining months. The stipend
received by the appellant is Rs.25,000/- per month.
7. The learned counsel for the appellant further submits that in
fact the contingency had arisen because of the Covid-19 pandemic. If
Covid-19 pandemic would not have struck the nation, the third
respondent would be required to conduct the examination in August
2020 and the appellant would have completed the course in August
2020 and by now, would have completed the service period as per the
bond. But, because of the Covid-19 pandemic, the examination was
conducted in December 2020 - January 2021 and the appellant was
directed to serve since February 2021 in terms of the bond.
8. According to the learned counsel, the condition of bond is
harsh. There is no exit clause provided in the bond which is also
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WA No.2353 of 2023
improper. According to the learned counsel, in view of the Covid-19
pandemic and lockdown, the UGC had laid down guidelines on
examination and academic calendar for the Universities. The year was
to end on 14.08.2020. The calendar was suggested for the academic
session 2020-21 and the same was to end by 30.07.2021 and the next
academic session was to start from 02.08.2021. If that would have
been followed, then the appellant would have completed the course
within time, that is August 2020. However, the same was not adhered
to.
9. The learned counsel relies upon the judgment of the Apex
Court in the case of Rakesh Kumar Agarwalla vs. National Law
School of India University, reported in (2021) 1 SCC 539 (paras
90 to 94). In the said judgment, the UGC guidelines issued during
Covid-19 pandemic were also considered. It was observed that the
academic year 2020-21 is not a normal academic year in which
universities are expected to carry on their teaching and other activities
in normal mode and manner. It was observed that the academic year
2020-21 was required to be declared as “zero-year” even if the course
starts in mid of October 2020. According to the learned counsel, the
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WA No.2353 of 2023
opportunity to the appellant to undergo the post graduate course is
once in the lifetime. The appellant has got admission to post graduate
course in the prestigious respondent Nos.1 and 2 after successfully
passing the competitive examination.
10 We have heard Mr.M.T.Arunan, learned counsel for
respondent Nos.1 and 2 and Mr.Krishna Srinivasan, learned senior
counsel for the respondent No.3.
11. The learned senior counsel for respondent No.3 submits that
the bond does not contain the exit clause. The candidate has to
necessarily and mandatorily serve for two years after the course is
completed. The fees charged by respondent No.3 is a paltry sum of
Rs.810/-. Even the Government Colleges of Nursing charge fees of
more than Rs.25,000/- to Rs.30,000/-. The respondent No.3
institution is a service-oriented institution. It is with a view that service
is required to be rendered to the poor people, the education is
imparted at a subsidised rate to the students and as such, the
condition is imposed that they shall serve for two years with the
respondent No.3 institution. No commercial approach exists on the
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WA No.2353 of 2023
part of respondent No.3. The terms of the bond are clear. They have
to be adhered to.
12. The learned senior counsel relies upon the judgment of the
Apex Court in a case of Association of Medical Superspeciality
Aspirants and Residents vs. Union of India, reported in (2019) 8
SCC 607. It is submitted that the Apex Court has held that the
service bonds to serve for a particular number of years do not violate
Articles 14, 19, 21 and 23 of the Constitution. He also relies upon the
various orders passed by this Court in the cases of S.Austine Blessie
vs. Dr.MGR Medical University, reported in 2018 SCC OnLine Mad
3148 and State of Tamil Nadu vs. P.S.Sairam, reported in (2020)
7 Mad LJ 513.
13. It is further submitted by the learned senior counsel for the
third respondent that the appellant with his open eyes took admission
with the respondent No.3 institution. In the prospectus also, it is
specifically stated that all candidates admitted to the programme will
have to undertake the service obligation to work in an area of need for
a period of two years after completion of training. The candidates
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WA No.2353 of 2023
chosen under the open category will serve in areas of need identified
by the Christian Medical College, Vellore, the third respondent herein.
Now the appellant cannot turn around and contend otherwise. It is
further submitted that even if the appellant gives an undertaking that
after completion of the post graduate course, she will serve for the
remainder period, the experience of respondent No.3 is otherwise that
the candidates, after leaving, would never turn back and render the
service.
14. We have considered the submissions canvassed by the
learned counsel for the parties.
15. The factual matrix is not disputed. The only question would
be whether to allow the appellant to join the post graduate course for
which the appellant has secured admission, though five months service
as per the bond has remained to be served by the appellant.
16. The bond executed by the appellant does not contain an exit
clause. The bond requires the appellant to serve after completion of
the course for a period of two years with respondent No.3. There is
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WA No.2353 of 2023
no clause that if the appellant jumped the bond, she will have to pay
any amount to respondent No.3 institution.
17. It also appears that respondent No.3 is charging a very
meagre amount as tuition fee, that is, Rs.810/- annually. The same
would be less than the fees charged by the Government Colleges of
Nursing. The amount of fee charged from the students is meagre and
the default clause is not incorporated in the bond, that would make the
candidates serve mandatorily with respondent No.3 institution.
18. It has been observed in the case of Association of Medical
Superspeciality Aspirants and Resident (supra) by the Apex Court
that the service bonds to serve for a particular number of years and in
default to compensate the Government by paying some lakhs of
rupees do not violate Articles 14, 19, 21 and 23 of the Constitution,
rather the State Government in imposing such service conditions
fulfilled the constitutional obligation under Articles 21 and 47 of the
Constitution. In the present case, there is no default clause and/or
exit clause. The service bond which mandatorily requires the
candidate to serve for a period of two years without an exit clause
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WA No.2353 of 2023
could be violative of Articles 14, 19, 21 and 23 was not the subject
matter of consideration before the Apex Court in the said case.
19. In the present case, we would certainly not have accepted
the case of the appellant, however, considering the exigency, that is,
the course being extended because of the Covid-19 pandemic and the
appellant having secured admission to the post graduate course and
only 4½ to 5 months of service period having remained to be served,
we have considered the present case. It is not that the appellant did
not volunteer to serve with the respondent No.3 institution after
completion of the course. She is serving with the institution since
07.02.2021. She has served for more than one year and 7 months.
4½ to 5 months of service bond period remains. If the course would
have been completed within the time line, the appellant would have
completed the course in August 2020 and by this time, would have
been freed of the bond.
20. We also are alive to the noble cause the respondent No.3 is
rendering service to the poor people. The appellant has to render the
service for the remainder period with respondent No.3. However, a
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WA No.2353 of 2023
balance will have to be struck in view of the peculiar facts and
circumstances of the present case.
21. As we have observed supra. we would not have entertained
the petition if it would have been under the normal facts of the case,
however, considering the following factors, we have entertained the
petition:
(1) Because of the Covid-19 pandemic, the term was extended.
But for Covid-19 pandemic, the appellant would have
completed the course in August 2020 and by this time, i.e.,
August 2023, would have completed the bond period.
However, because of the Covid-19 pandemic, the examination
was delayed by six months and it is only in February, 2021,
the course could be completed and the appellant was issued
with the appointment order to serve with respondent No.3 for
a period of two years;
(2) The appellant has already served for one year and 7 months
with respondent No.3 and hardly, 4½ to 5 months of service
has remained;
(3) The appellant is selected for post graduate course after a
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WA No.2353 of 2023
competitive selection process;
(4) The appellant has undertaken to pay the stipend for the
remaining period as a deposit and further has undertaken to
serve with the respondent No.3 institution for the remainder
period after completion of the post graduate course.
21. In light of the above, we pass the following order:
Respondent No.3 shall issue the Transfer Certificate, Transcript
Certificate, Experience Certificate and Course Completion Certificate to
the appellant immediately after the appellant deposits a sum of
Rs.1,50,000/- (Rupees one lakh fifty thousand only) with respondent
No.3. The said amount shall be a deposit. The appellant shall, after
completing the post-graduate course, render service for the remainder
period with respondent No.3. The respondent Nos.1 and 2 shall not
hand over the Course Completion Certificate to the appellant unless
the appellant renders the remainder service with respondent No.3. It
is only after the certificate is issued by respondent No.3 of the
appellant having rendered service for the total period of two years, the
respondent Nos.1 and 2 shall hand over the Course Completion
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WA No.2353 of 2023
Certificate and the Post-graduate passing certificate to the appellant.
After the appellant renders the service of the remainder period, the
respondent No.3 shall refund the amount of Rs.1,50,000/- (Rupees
one lakh fifty thousand only) to the appellant.
With the aforesaid directions and observations, the writ appeal is
disposed of. There will be no order as to costs. Consequently,
connected miscellaneous petitions are closed.
(S.V.G., CJ.) (P.D.A., J.)
14.09.2023
Index : Yes/No
Neutral Citation : Yes/No
sra
To
1. The Director,
Jawaharlal Institute of Postgraduate
Medical Education & Research (JIPMER)
Gorimedu, Dhanvantari Nagar, Puducherry 605006.
2. The Dean (Academics),
Academic Section, JIPMER,
Gorimedu, Dhanvantari Nagar,
Puducherry 605 006.
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WA No.2353 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(sra)
3. The Dean,
College of Nursing,
Christian Medical College (CMC),
Vellore-4.
WA No.2353 of 2023
14.09.2023
https://www.mhc.tn.gov.in/judis
