Madras High Court
Nitha Francis vs The State Of Tamil Nadu on 17 June, 2025
W.P.No.14872 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2025
CORAM
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN
W.P.No.14872 of 2025
and
W.M.P.Nos. 16772 & 16773 of 2025
Nitha Francis ... Petitioner
Vs.
1. The State of Tamil Nadu,
Represented by its Principal Secretary,
Health and Family Welfare Department,
Secretariat, Chennai – 600 009.
2. Directorate of Medical Education,
Represented by the Director of Medical Education,
Kilpauk, Chennai – 600 010.
3. Directorate of Medical and Rural Health Services,
Represented by the Director of Medical Health and
Rural Health Services,
359, Anna Salai, Chennai – 600 006.
4. Directorate of Public Health and Preventive Medicine,
Represented by the Director of Public Health and
Preventive Medicine,
359, Anna Salai, Chennai – 600 006.
5. Government Kilpauk Medical College,
Represented by its Dean,
822, Poonamallee High Road,
Kilpauk, Chennai - 600 010.
Page 1 of 8
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W.P.No.14872 of 2025
6. Joint Director of Health Services,
Dindigul District, Dindugal. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking
for an issuance of writ of Certiorarified Mandamus, calling for the records of
the fourth respondent contained in the posting order bearing R.No.
4655322/E5/A4/2023-319 dated 07.11.2024 and all proceedings in
furtherance thereof, including but not limited to show cause notice issued by
the sixth respondent bearing Ref.7208/E1-1/2024, dated 29.01.2025 and to
quash the same as arbitrary and unjust, and to consequently direct the fifth
respondent to return the petitioner's original certificates and documents
collected by the fifth respondent while admitting the petitioner to the post
graduate degree course along with the petitioner's post graduate degree
certificate.
For Petitioner : Mr.Suhrith Parthasarathy
For Respondents : Mr.K.Tippu Sultan
Government Advocate
ORDER
The writ petition has been filed challenging the posting order issued
to the petitioner by the fourth respondent dated 07.11.2024 and the
consequential show cause notice issued by the sixth respondent dated
29.01.2025 and further direct the fifth respondent to return the petitioner's
original certificates and documents collected by the fifth respondent while
admitting the petitioner to the post graduate degree course along with the
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petitioner's post graduate degree certificate.
2. The case of the petitioner is that, she joined post graduate course
in MD Paediatrics at the fifth respondent college in May 2019. While joining
service, she has given a bond for Government Service for a period of two
years. However, by virtue of G.O.Ms.No.351 dated 27.10.2023, the two years
period was reduced to one year period. Hence her bond period ends in May
2024, whereas the impugned posting order has been issued to the petitioner
on 07.11.2024, which is contrary to the Judgment of the Division Bench of
this Court held in P.S.Sairam case. Subsequently, the sixth respondent
issued the impugned show cause notice dated 29.01.2025, calling upon the
petitioner to either comply with the posting order or pay the bond amount.
Hence the petitioner has filed the present writ petition.
3. Mr.K.Tippu Sultan, the learned Government Advocate who takes
notice for the respondents would submit that they have given the posting
order to the petitioner. Therefore, the petitioner has to comply with the bond
period for one year. Hence prays to dismiss the writ petition.
4. I have given careful consideration to the submission of the
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learned Counsel on either side.
5. The issue is no longer res integra as contended by the learned
Counsel for the petitioner, since this Court in the case of State of Tamil Nadu
and another Vs. P.S.Sairam and others reported in (2020) 7 Mad LJ 513 has
settled this issue. The relevant portions are extracted hereunder:
"102. Accordingly, we hold that the letter dated
17.7.2017, or the RTI clarifications issued by the Central
Government, or even orders which have been passed from time
to time for release of certificates cannot come to the aid of the
writ petitioners, but at the same time, we also hold that the
appellant State Government of Tamil Nadu cannot retain the
certificates and thereby compel the students to wait endlessly
for a job offer. The State having a corresponding obligation is
equally bound by the period of two years which starts running
from the date the candidate passed out and ends immediately
after the expiry of two years. If an offer of employment has not
been made within this period, then the candidate is free from
the encumbrances under the bond and the State and the other
authorities are obliged to hand back the certificates, as they
will not be in a position to retain the same to the disadvantage
of the candidates, including the writ petitioners, which cannot
be perpetuated in the circumstances indicated above.
103. Our conclusions, therefore, are:
i. There is no material difference between the status of
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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 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
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(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.
6. As per the above ratio, the posting order should be co-terminus
with the bond period. However, in the case on hand, the posting order was
given to the petitioner in the month of November, 2024 well after the end of
the bond period. Therefore, the petitioner is entitled to the relief as prayed for.
7. In the result, the impugned posting order dated 07.11.2024 and
the consequential show cause notice dated 29.01.2025 are quashed and the
Writ Petition stands allowed. No costs. The fifth respondent is directed to
return the original certificates to the petitioner within a period of four weeks
from the date of receipt of a copy of this order.
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17.06.2025
(2/2)
veda
Index:Yes/No
Speaking order/Non-speaking order
Neutral Citation:Yes/No
To
1. The State of Tamil Nadu,
Represented by its Principal Secretary,
Health and Family Welfare Department,
Secretariat, Chennai – 600 009.
2. Directorate of Medical Education,
Represented by the Director of Medical Education,
Kilpauk, Chennai – 600 010.
3. Directorate of Medical and Rural Health Services,
Represented by the Director of Medical Health and
Rural Health Services,
359, Anna Salai, Chennai – 600 006.
4. Directorate of Public Health and Preventive Medicine,
Represented by the Director of Public Health and
Preventive Medicine,
359, Anna Salai, Chennai – 600 006.
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C.KUMARAPPAN, J.
veda
5. Government Kilpauk Medical College,
Represented by its Dean,
822, Poonamallee High Road,
Kilpauk, Chennai - 600 010.
6. Joint Director of Health Services,
Dindigul District, Dindugal.
17.06.2025
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