Madras High Court
Dr.R.Prabha vs The Government Of Tamil Nadu on 23 September, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
WP.No.32904 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 16.09.2025
Pronounced on : 23.09.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
WP.No.32904 of 2024 and
WMP.Nos.35722 & 35724 of 2024
Dr.R.Prabha ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Rep. By its Secretary,
Health & Family Welfare Department,
Fort St.George, Chennai-9
2.The Director of Medical Education and Research,
Directorate of Medical Education and Research,
162, Periyar E.V.R. High Road,
Kilpauk, Chennai-10
3.The Director of Public Health & Preventive Medicine,
Directorate of Public Health & Preventive Medicine,
359, Anna Salai, DMS Complex,
Teynampet, Chennai-6
4.The Dean,
O/o The Dean,
Government Mohan Kumaramangalam
Medical College,
Salem District 636 030
5.The District Collector,
1/20
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2
The District Collectorate,
Salem Dt 636 001
6.The Tahsildar,
Edappadi Taluk,
Salem Dt 637 101 ... Respondents
PRAYER:
Writ Petition is filed under Article 226 of Constitution of India
praying to issue a Writ of Certiorarified Mandamus calling for the
records on the file of the second respondent relating to the issue of
conditions imposed on the service candidates in the prospectus for
admission to Post Graduate Degree/Diploma Courses in Tamil Nadu
Government Medical Colleges and Government Seats in Self-Financing
Medical Colleges Affiliated to the Tamil Nadu Dr.M.G.R.Medical
University & Rajah Muthiah Medical College Affiliated to Annamalai
University 2019-2020 Session dated 10.03.2019 insofar as compelling
the petitioner to serve till superannuation failing which to pay
Rs.40,00,000/- (Rupees Forty Lakhs only) as security and the bond dated
07.08.2019 executed by the petitioner pursuant to the same; on the file of
first respondent approving the said bond condition of the said Prospectus
vide G.O.(D) No.443 Health and Family Welfare (MCA-1) Department
2/20
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WP.No.32904 of 2024
dated 08.03.2019; on the file of the fourth respondent relating to the
issue of Ref.No.7479/E4/2023 dated 19.12.2023 to the petitioner and on
the file of the fifth respondent relating to the issue of the Na.Ka.No.
e-2101886/2024/E4 dated 19.12.2023 to the petitioner and on the file of
the fifth respondent relating to the issue of the Na.Ka.No.
e-2101886/2024/ E4 dated 01.07.2024 to the petitioner and quash the
same and consequently direct the respondents to discharge / release the
petitioner from the said conditions imposed on her by the impugned bond
executed by the petitioner for getting admission to the PG degree course
in 2019-2020 Sessions and to direct the respondents to return all the
petitioner's educational certificates within a time frame as may be fixed
by this Court.
For Petitioner : Mr.N.Subramaniyan
For Respondents
For R1 to 4 : Mrs.M.Sneha,
Special Counsel for Health Department
For R5 & 6 : Mr.K.Tippu Sulthan,
Government Advocate
3/20
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4
ORDER
This writ petition has been filed challenging the conditions
imposed on the service candidates in the prospectus for admission to
Post Graduate Degree/Diploma Courses in Tamil Nadu Government
Medical Colleges and Government Seats in Self-Financing Medical
Colleges Affiliated to the Tamil Nadu Dr.M.G.R.Medical University &
Rajah Muthiah Medical College Affiliated to Annamalai University
2019-2020 Session dated 10.03.2019 insofar as compelling the petitioner
to serve till superannuation failing which to pay Rs.40,00,000/- (Rupees
Forty Lakhs only) as security and the bond dated 07.08.2019, and also
challenging the orders of respondents 1, 4 & 5.
2. The petitioner, after completion of her UG degree, was
qualified in the NEET PG entrance examination and she was eligible to
get post graduation seat. Earlier, after completion of her undergraduation,
she had been appointed as Casualty Medical Officer at Government
Mohan Kumaramangalam Medical College and Hospital, Salem by direct
recruitment. Thereafter, she was transferred as Medical Officer at
Government Upgraded Primary Health Centre, Elampillai, Salem
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District. As service candidate, as per the prospectus for the post
graduation degree in Tamilnadu Government Medical Colleges for the
batch 2019-2020, she should apply only as service candidate and there
was no provision for service candidate to opt for applying as non-service
candidate (general category) foregoing the pay scale. Therefore, she
applied as service candidate and she was awarded 5% incentive mark
considering her service of 1 year and 7 months in rural area. She was
selected for MS (Obstetrics and Gynaecology) in Government Medical
College, Thanjavur. She had executed bond as per the prospectus during
her post graduation course. During her post graduation course, she had
worked as post graduate doctor in Department of Obstetrics and
Gynaecology and she was also put on covid-19 duty from March 2020 to
20.06.2022. After completion of her post graduation, she was posted as
Assistant Professor in the Department of Obstetrics and Gynaecology at
Government Mohan Kumaramangalam Medical College and Hospital,
Salem. However, she could not continue her service due to her illness
and also other family circumstances. Therefore, the fourth respondent
issued show cause notice dated 19.12.2023 thereby demanded to pay a
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sum of Rs.1,61,55,261/- computing the bond amount with penal interest
till her superannuation. On receipt of the same, the petitioner submitted
her explanation. Further, the fourth respondent requested the fifth
respondent to recover the bond amount under Section 5 of Revenue
Recovery Act by the communication dated 14.05.2024. Thereafter the
fifth respondent authorised the sixth respondent to recover the bond
amount from the petitioner by an order dated 01.07.2024.
3. The learned counsel appearing for the petitioner would
submit that the demand is exorbitant and there is no basis for claiming
such huge amount. Though the petitioner had secured high scores to get
PG seat under open quota, she was not allowed to apply as non-service
candidate under open quota since non-service candidates have to serve
only for one year or to pay a bond amount of Rs.20,00,000/- as penalty.
But the service candidates have to render their service till their
superannuation or to pay a bond amount of Rs.40,00,000/- as penalty. It
is illegal, irrational, discriminatory, disproportionate without any
founding principle. The condition of service till superannuation is
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nothing but bonded labour under slavery. The bond conditions were
approved by the Government Order in G.O.(D) No.443 Health and
Family Welfare (MCA-1) Department dated 08.03.2019. The bond
condition mandating the petitioner to render service till her
superannuation is blatently illegal and arbitrary. Therefore, the
Government Order in G.O.(D) No.443 Health and Family Welfare
(MCA-1) Department dated 08.03.2019 is illegal, onerous and manifestly
arbitrary and it is in violation of Article 14 of the Constitution of India.
No one can be compelled to render service to the State till
superannuation against their will.
3.1 In this regard, the learned counsel relied upon the judgment
of the Hon'ble Supreme Court of India in the case of Association of
Medical Super Speciality Aspirants & Residents and others Vs. Union
of India reported in (2019) 8 SCC 607, wherein it was held that the bond
period security amount prescribed for providing admission to PG degree
courses shall be reasonable and it was directed to fix the period as two
years and the bond amount as Rs.20,00,000/-. In fact, the annual fees
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was fixed as per the fee committee and the annual fees to be collected
from the candidates who are being admitted in the post graduation degree
under the Government quota in private medical colleges is only
Rs.4,00,000/- per year and it works out to Rs.12,00,000/- for three years.
Therefore, the penalty for breach of bond condition could be at the
maximum of only about Rs.12,00,000/-. Hence, the bond amount of
Rs.40,00,000/- is baselessly high . The demand of Rs.1,61,55,261/- is
illegal since the petitioner had received salary during the study period,
which only amounts to a sum of Rs.27,22,354/- and after deducting the
monthly stipend, it will come around Rs.12,50,000/- only. As per
Sections 73 and 74 of Indian Contract Act, even though the bond
stipulates particular amount, the petitioner is liable to pay only the loss
caused to the State due to the breach of bond conditions not exceeding
the amount stipulated in the bond. Therefore, the demand of such huge
sum cannot be sustained and it is blatantly in violation of Article 300A of
the Constitution of India since it is demanded without any sanction of
law.
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3.2 He also relied upon the judgment of the Hon'ble Supreme
Court of India in the case of Mohini Jain Vs. State of Karnataka
reported in (1992) 3 SCC 666, wherein it was held that right to
education is a fundamental right. The relevant portion of the said
judgment is extracted hereunder:
..... "Right to life" is the compendious expression for
all those rights which the Courts must enforce because they
are basic to the dignified enjoyment of life. It extends to the
full range of conduct which the individual is free to pursue.
The right to education fiows directly from right to life. The
right to life under Article 21 and the dignity of an individual
cannot be assured unless it is accompanied by the right to
education. The State Government is under an obligation to
make endeavour to provide educational facilities at all
levels to its citizens.
The fundamental rights guaranteed under Part III of the
Constitution of India including the right to freedom of speech
and expression and other rights under Article 19 cannot be
appreciated and fully enjoyed unless a citizen is educated and
is conscious of his individualistic dignity.....
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3.3 Therefore, the petitioner can very well continue her
education without execution of any bond. The learned counsel for the
petitioner further contended that the demand must be reasonable and in
this regard, he relied upon the judgment of the Hon'ble Supreme Court
of India in the case of Association of Medical Super Speciality
Aspirants & Residents and others Vs. Union of India reported in (2019)
8 SCC 607, wherein it is held as follows:
19. Reasonableness is a ground that pervades
through the submissions made by the counsel on both
sides. In the State of West Bengal, the requirement of a
compulsory bond was initially a service of one year in
the State in default of Rs.10 Lakhs was to be paid. This
was enhanced to three years and Rs.30 Lakhs by a
Notification dated 09.10.2014. In the State of Tamil
Nadu, the bond condition was that a doctor has to serve
for ten years in the State and in default of which, the
doctor was to pay Rs.2 Crores. This was reduced to two
years and Rs.50 Lakhs. The Armed Forces Medical
College imposes a condition of five years compulsory
service in the Army for post-graduate and super
Speciality doctors who prosecuted their study in the
college. They have an option of not serving for five years
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by recompensing the Government by paying Rs.25 Lakhs.
The main contention of the counsel appearing for the
Appellants is that the condition of a long period of
service that is imposed is unreasonable. The basis for the
submission is that they have already served the society by
working in Government hospitals while undergoing their
course. Further conditions imposed on them would
impede the progress of their careers. Restrictions placed
on their choice of place of work are also unreasonable
according to them. An alternate submission made by the
counsel appearing for the Appellants is that the
imposition of the condition of compulsory bond should be
reasonable and the exit clause should be relaxed.
Notifications issued by the State Governments imposing a
condition of compulsory service and a default clause are
per se not unreasonable. However, we are in agreement
with the learned counsel for the doctors that the period of
compulsory service and the exit should be reasonable.
The State Governments and the Armed Forces Medical
College are directed to consider imposing the condition
of compulsory service period of two years in default of
which the Doctors shall recompense the Government by
paying Rs. 20 Lakhs.
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3.4 Therefore, the learned counsel for the petitioner prayed to
set aside all the orders impugned in this writ petition.
4. Heard, the learned counsels appearing on either side and
perused all the materials placed before this Court.
5. On perusal of the counter filed by the fourth respondent and
on the submissions of the learned Special Counsel for Health and Family
Welfare Department, it is revealed that the petitioner was selected for her
post graduation degree in MS (Obstetrics and Gynaecology) as service
candidate at Government Medical College, Thanjavur for a period from
01.05.2019 to 20.06.2022. She had executed a bond dated 07.08.2019
and undertook to serve the Government of Tamilnadu till her
superannuation, failing which, she shall pay a sum of Rs.40,00,000/-
along with interest. After successful completion of her PG course, she
was posted as Assistant Professor in Obstetrics and Gynaecology at
Government Mohan Kumaramangalam Medical College, Salem and she
served there from 21.06.2022 to 13.07.2023. Thereafter, she availed
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medical leave from 14.07.2023 to 21.08.2023. From 22.08.2023, she was
unauthorisedly absent from duty. In fact, she was referred before medical
board by the communication dated 25.08.2023. But the petitioner did not
appear before medical board and failed to submit any explanation.
Therefore, she attended duty only for 1 year and 22 days after completion
of her post graduation degree. She failed to attend duty for the remaining
of service of 26 years 1 month and 10 days. Therefore, as per the bond
executed by the petitioner dated 07.08.2019, she had agreed to serve the
Government of Tamil Nadu till her superannuation and on failure of not
completing the bond period fully, the petitioner shall have to pay
Rs.40,00,000/-, and in default of the same, the petitioner shall have to
pay the bond amount along with interest. But the petitioner was served
with demand notice for a sum of Rs.1,61,55,261/-. The said demand is
contrary to the bond condition. The interest cannot be calculated till the
petitioner's superannuation. The bond amount shall be paid by the
petitioner with interest till the date of demand. Further after completion
of her post graduation, the petitioner had served from 21.06.2022 to
13.07.2023.
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6. Further, as per the clarification letter issued by the Health
and Family Welfare (B1) Department dated 26.04.2024 to the third
respondent, in the cases of non compliance of bond conditions by the
medical officers, the recovery of the interest for the contractual bond
amount should be calculated from the date of demand till the date of
payment as per the prospectus of the course they underwent and it must
not be calculated till the date of superannuation of the medical officer.
Therefore, the order of demand and consequential recovery proceedings
cannot be sustained and the same are liable to be quashed insofar as the
interest portion alone.
7. Therefore, this Court is inclined to direct the petitioner to
pay only a sum of Rs.40,00,000/- as bond amount within a period of four
weeks from the date of receipt of copy of this order, failing which the
fifth and sixth respondents are directed to recover the said bond amount
with interest at the rate of 6% from the date on which the aforesaid four
weeks is completed till payment, in accordance with law.
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8. Insofar as the Government Order and the prospectus are
concerned, the petitioner, after having been executed the bond as per the
prospectus and joined in her post graduation degree and after completion
of her post graduation, had served for 1 year and 22 days. After her
unauthorised absence, she challenged the very Government Order and
prospectus. After going through the terms and conditions of admission,
the petitioner had choosily and voluntarily had executed the bond to
pursue her post graduation degree. Further the bond executed by the
petitioner was found to be valid. In this regard, this Court held in the case
of State of Tamilnadu Vs. P.S.Sairam and others reported in 2020 SCC
Online Mad 2742, as follows:
76. We find force in the submissions of the
learned counsel for the State and the Medical Council
of India that the said Bulletin and prospectus clearly
state that the candidates have to visit the website of the
College/institution to check the information and they
will examine the points before opting for a seat at a
Medical College. It is urged that since the question was
specific, it was clearly answered that they will have to
refer to the terms and conditions as well as admission
conditions of the respective medical colleges, where
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they opt for seats. It was further made open to them to
seek any clarification from the said institutions.
77. In this background, what we find is that even
if the Government Order dated 14.1.2015, which is the
source of authority of the prospectus issued by the
State, may not mention specifically about the All India
Quota candidates, it does not even exclude them by any
specific recital. It is only by inference that the
candidates have come forward saying on the basis of
clarification issued by the Government of India and the
conduct of the State in releasing certificates in the past
and the communication dated 17.7.2017 that the claim
is being set forth that they are entitled to a similar
treatment. It cannot be ignored that in spite of this, all
the writ petitioners and candidates had duly filled up
their bonds, which fact has not been disputed by them.
It is only after entry and having taken admission in the
respective medical colleges, and upon passing out that
these disputes were sought to be raised in the manner
aforesaid.
78. We, therefore, find that there was sufficient
caution to all the candidates about the terms and
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conditions of admission which they had to verify from
the respective institutions, and in the present cases, all
the candidates have consciously and voluntarily filled
up the bonds and have pursued their courses of study.
The execution of such bonds has been found to be valid
on principles by the Apex Court in the judgment
referred to above.
9. The above judgment is squarely applicable to the case on
hand and as such, insofar as challenges made against the prospectus for
admission to Post Graduate Degree/Diploma Courses in Tamil Nadu
Government Medical Colleges and Government Seats in Self-Financing
Medical Colleges Affiliated to the Tamil Nadu Dr.M.G.R.Medical
University & Rajah Muthiah Medical College Affiliated to Annamalai
University 2019-2020 Session dated 10.03.2019 insofar as compelling
the petitioner to serve till superannuation failing which to pay
Rs.40,00,000/- (Rupees Forty Lakhs only) as security and the bond dated
07.08.2019 executed by the petitioner pursuant to the same and the
Government order in G.O.(D) No.443 Health and Family Welfare (MCA-
1) Department dated 08.03.2019 cannot be countenanced and the same
are dismissed.
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10. However, in respect of the bond amount alone, the
impugned orders of the fourth and fifth respondents are modified to the
effect that the petitioner shall pay only a sum of Rs.40,00,000/- as bond
amount within a period of four weeks from the date of receipt of this
order, failing which the fifth and sixth respondents shall recover the said
bond amount with interest at the rate of 6% from the date on which the
aforesaid four weeks is completed till payment, in accordance with law.
11. In the result, this writ petition stands partly allowed.
Consequently, connected miscellaneous petitions are closed. There shall
be no order as to costs.
23.09.2025
Neutral citation: Yes/No
Index: Yes/No
Speaking/Non-speaking order
lok
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To
1.Secretary,
The Government of Tamil Nadu,
Health & Family Welfare Department,
Fort St.George, Chennai-9
2.The Director of Medical Education and Research,
Directorate of Medical Education and Research,
162, Periyar E.V.R. High Road,
Kilpauk, Chennai-10
3.The Director of Public Health & Preventive Medicine,
Directorate of Public Health & Preventive Medicine,
359, Anna Salai, DMS Complex,
Teynampet, Chennai-6
4.The Dean,
O/o The Dean,
Government Mohan Kumaramangalam
Medical College,
Salem District 636 030
5.The District Collector,
The District Collectorate,
Salem District 636 001
6.The Tahsildar,
Edappadi Taluk,
Salem District 637 101
7.The Government Advocate,
High Court of Madras
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G.K.ILANTHIRAIYAN, J.
lok
23.09.2025
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