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2019 Supreme(Mad) 3421
IN THE HIGH COURT OF MADRAS
S. Manikumar, Subramonium Prasad, JJ.
T.K. Saravanan - Appellant
Versus
State of Tamil Nadu and Ors. - Respondent
W.P. No. 14112 of 2019 and W.M.P. No. 14165 of 2019
Decided On : 05-09-2019
For the Appellant :S. Ayyathurai, Advocate
For the Respondent:Vijay Narayan, Advocate General assisted by V. Kadhirvelu, Spl. Government Pleader
Headnote:
Constitution of India, 1950 - Article 16(1) - Post Graduate Degree/Diploma Courses - Inability to get sureties - Admission - Government Seats in Self-Financing Medical Colleges - Petitioner states that students who are economically disadvantaged, or otherwise have no easy access to Government officials and are therefore, not in a position to get such sureties, cannot be deprived of a, seat in Government college, because of their inability to get sureties and some government officials are taking advantage of this unreasonable condition and demanding margin money for signing a surety - Petitioner states that poor students would not be in a position to give sureties from government servants - Petitioner would therefore contend that insisting on sureties from government servants for such a big amount and failure to provide such surety, disentitling students from continuing their education is arbitrary and liable to be struck down - Held, If a qualifying examination is held only for doctors who have done two years of service as stipulated in bond, after completion of the PG Course, this would amount to discrimination with other students from other States, who would seek to join in State of Tamilnadu - State Government is therefore, directed to frame an appropriate policy to ensure that students passing out after completing PG examinations are not asked to man regular posts in three directorates and that regular posts are filled up only through normal recruitment process. Posts of Doctors should not be kept vacant, as their services are required by people - Therefore, Government is also directed to fill up vacant posts in all Directorates, as expeditiously as possible - Writ petition is disposed of.
ORDER :
Subramonium Prasad, J.
1. This public interest litigation challenges clause 38(d) and (h) of 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. MGR Medical University & Rajah Muthiah Medical College affiliated to Annamalai University for 2019-2020.
2. Clause 38(d) and (h) of the prospectus, which is under challenge reads as under:
"(d) All Service Candidates of Tamil Nadu having more than five years of service after completing the PG Degree/Diploma Courses shall execute a bond for a sum of Rs. 20,00,000/- (Rupees Twenty lakh only) on admission to Post Graduate Diploma courses 2019-2020 session and Rs. 40,00,000/- (Rupees Forty Lakh only) on admission to Post Graduate Degree courses 2019-2020 session as security amount with the undertaking that they will serve the Government of Tamil Nadu till Superannuation with three sureties. Two sureties should be from permanent Government employee in the same or higher rank than the candidate. One surety should be from the spouse/parent of the candidate. PAN numbers of the sureties should be furnished. The prescribed form of bond is enclosed in Annexure IV. The bond will become, infructuous if the service candidates serve the Government of Tamil Nadu after the completion of the Course until superannuation.
(h) Non-Service candidates including candidates selected through 50% All India Quota shall execute a bond with three sureties for a sum of Rs. 20,00,000/- (Rupees Twenty Lakhs only) on admission to Post Graduate Diploma courses 2019-2020 session and Rs. 40,00,000/- (Rupees Forty Lakhs only) 'on' admission to Post Graduate Degree courses 2019-2020 session with an undertaking that they shall serve the Government of Tamil Nadu for a period of not less than two years, if the Government requires their services. During the above period, they will be paid salary on par with the fresh recruits of the Tamil Nadu Medical Services. The Government of Tamil Nadu will reckon their services within a period of 2 years from the date of completion of their Postgraduate Degree/Diploma Courses. Two sureties should be from permanent Government employee in the same or higher rank than the candidate. One surety should be from spouse/parent of the candidate. PAN numbers of the sureties should be furnished. The prescribed form of bond is enclosed in Annexure IV. The bond will become infructuous if he/she serves under the Government of Tamil Nadu for a minimum period of 2 years.
Non-service candidates including candidates selected through 50% All India Quota, if they discontinue course they have to pay the total amount of penalty (Discontinuation Fee as per Clause 24(c) and the stipend received)."
3. The petitioner in the writ petition states that there could be no objection for execution of bond by a candidate as such, but the condition that the candidate should execute a bond with two sureties from, permanent Government employee in the same or higher rank than the candidate is unreasonable, irrational and unfair.
4. The petitioner states that students who are economically disadvantaged, or otherwise have no easy access to Government officials and are therefore, not in a position to get such sureties, cannot be deprived of a, seat in Government college, because of their inability to get sureties.
5. The petitioner has also stated that some government officials are taking advantage of this unreasonable condition and demanding margin money for signing a surety. The petitioner states that poor students would not be in a position to give sureties from government servants. The petitioner would therefore contend that insisting on sureties from government servants for such a big amount and the failure to provide such surety, disentitling the students from continuing
