Certificates cannot be withheld without authority, and respondents have no positive right to retain the documents, allowing the petitioners to serve in any organization.

The petitioners are all Medical Practitioners. They have undergone Post Graduate Course in two Government Colleges. In these batch of writ petitions, the petitioners have undergone course either in the Government Stanley Medical College at Chennai or Government Rajaji Medical College at Madurai. They have also completed their Post Graduate Course.

2. On completion of the Post Graduate course, they requested the return of certificates, which were deposited at the time of joining the Post Graduate course as well as the certificate for completion of the course, provisional pass and decree certificates from the Dean of the respective medical colleges. There has been no reply from the respondents so far.

3. It is the apprehension of the petitioners that these certificates are retained without any authority and also for the alleged non compliance of the conditions stipulated in the prospectus at the time of joining as well as the conditions of bond executed by each of the petitioners.

4. The relevant para in the prospectus in this regard is found in paragraph 61 of the prospectus and it reads as follows:-

"61. The candidates serving in Undertakings or Organisations of Government of Tamil Nadu or Government of India in Tamil Nadu should execute an undertaking and bond to serve the Government for a period of 15 years or upto superannuation, after the completion of the course, and to this effect they should produce a certificate from the Head of the Institution at the time of admission".

.5. The consequences violation of bond by non-service candidates is provided under paragraph 68(d) and it reads as follows:-

."68(d) Non-Service candidates shall execute a bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) on admission to Postgraduate Diploma Courses and Rs.3,00,000/-(Rupees three lakhs only) for Postgraduate Degree courses/MDS/M.Ch., (Neuro Surgery) 5 Years Course of the 2005-2006 session undertaking that they shall serve the Government of Tamil Nadu for a period of not less than 3 years, if required. During the above period, they will be paid a salary on par with the fresh recruits of the Government of Tamil Nadu Medical Services and the Government of Tamil Nadu will requisition their services, if required, within a period of 2 years from the date of completion of their Postgraduate Degree/Diploma/MDS/M.Ch., (Neuro Surgery) 5 years Course. Two permanent Government servants shall be sureties. The prescribed form of bond will be available in the colleges at the time of admission. The bond will become infructuous if he/she serves the State Government of Tamil Nadu if required for minimum period of 3 years".

.6. It is the stand of the petitioners that they are willing to serve the Government if required. At present when advertisements were given and applications were called for in various Governmental posts, the said posts were filled up after due selections. As of now there is no work for the petitioners. In any event, even assuming that the prospectus has a role to play, such a condition is not incorporated in the undertaking given by the petitioners. A copy of the undertaking given by each of the petitioners is provided in the additional typed set. The following undertaking given by the petitioners may be usefully extracted below:=

."Now, THEREFORE the obligor......... And 1........... surety and 2. ............... surety hereby agree that on the obligor .................... failing to serve within India (not necessarily in Government service) for a period of not less than fifteen years after completion of post Graduate Course, the said Obligor ....................or his/her legal heirs, executors and administrators shall forthwith pay to the Government on demand the said sum of Rs.3,00,000/- (Rupees three lakhs only) together with interest from the date of demand at the Government rate for the time being in force on Government loans".

7. In fact, what has been specified in the prospectus has been modified. This