A.P.SAHI, SENTHILKUMAR RAMAMOORTHY
State of Tamil Nadu, Through its Secretary, Department of Health & Family Welfare, Chennai – Appellant
Versus
P. S. Sairam – Respondent
What is the validity of indemnity bonds and retention of original certificates for candidates admitted to postgraduate medical courses under the All India Quota? What are the rights of candidates if the State fails to offer them employment within the stipulated period after course completion? How does the Supreme Court's judgment in Association of Medical Superspeciality Aspirants and Residents and others v. Union of India and others impact the enforcement of indemnity bonds and certificate retention for postgraduate medical courses?
Key Points: - Indemnity bonds and retention of original certificates for postgraduate medical courses are valid, even for candidates admitted under the All India Quota, provided the conditions were stipulated at the time of admission (!) (!) (!) . - Candidates admitted under the All India Quota are bound by the terms of the bonds they voluntarily executed, as these bonds are considered part of a composite package for subsidized education (!) (!) (!) . - The State Government has the competence and authority to issue notifications imposing conditions for the execution of bonds to protect its interests and ensure the welfare of the public by providing medical services (!) (!) . - The Supreme Court's judgment in Association of Medical Superspeciality Aspirants and Residents and others v. Union of India and others is binding and has settled the legal issues regarding the validity of such bonds and conditions (!) (!) (!) . - If the State Government fails to offer employment to candidates within two years of their course completion, the bonds become infructuous, and the candidates are entitled to the return of their certificates (!) (!) (!) . - The State Government has a corresponding obligation to fulfill its commitment of offering employment within the stipulated period, and failure to do so cannot be excused by the matter being sub judice (!) (!) (!) . - Communications or clarifications that contradict the terms of the prospectus or the binding judgment of the Apex Court, such as the Director of Medical Education's letter dated 17.7.2017, do not absolve candidates from their bond obligations (!) (!) (!) . - The argument that retention of certificates is arbitrary and irrational is no longer valid in light of the Apex Court's pronouncements (!) . - The University Grants Commission's regulations prohibiting the retention of original certificates are not applicable in this context, as the lien on certificates arises from a voluntary contract and is for a limited purpose to ensure service to the State (!) . - The State Government must prepare a list of all candidates within fifteen days, detailing their passing out date, employment offer status, and the expiry of the two-year period, to avoid confusion (!) .
JUDGMENT :
A.P. Sahi, J.
(Prayer : Appeal filed under Clause 15 of the LETTERS PATENT against the order dated 01.10.2018 passed in W.P.No.23874 of 2018.)
1. The writ appeal and the connected writ petitions relate to the same subject matter, namely the dual question of the execution of indemnity bonds to serve the State of Tamil Nadu after having completed the Post Graduate Medical Courses, and the consequential issue of retention of certificates, the release whereof has been sought by the petitioners contending that, firstly, there was no such condition in respect of the All India Quota seats with which they are concerned, and then, even otherwise, the said conditions were not applicable in the absence of any relevant government order and enforceable rule.
2. The litigation has charted certain decisions and orders, which deserve an immediate mention at this stage itself. A batch of 208 petitioners joined in W.P.No.23874 of 2018 praying for a mandamus that the communication of the Director of Medical Education dated 17.7.2017 be enforced in respect of all the petitioners, who ar
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