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MUNISHWAR NATH BHANDARI, D. BHARATHA CHAKRAVARTHY
D. M. Arasi – Appellant
Versus
State of Tamil Nadu, Rep by its Secretary, Department of Health & Family Welfare, Chennai – Respondent
JUDGMENT
(Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 04.02.2022 in W.P.No.1665 of 2022.)
Munishwar Nath Bhandari, CJ.
1. By this writ appeal, a challenge has been made to the order dated 04.02.2022, whereby, the writ petition preferred by the appellant was disposed of with appropriate directions.
2. It is a case where the appellant took admission in the Post Graduate course and for that on furnished a bond. After completion of the course, the appellant was under an obligation to serve the respondent institution for two years. Accordingly, an order of appointment was issued to the appellant on 25.09.2019 and she was posted at the Government Hospital, Manamadurai, Sivagangai District. The appellant did not join the service, after completion of the course, for two years, but has filed the writ petition seeking direction to the respondents to release her documents on the ground that in the intervening period, no order of appointment was given to her and therefore, she was not in default in taking the service pursuant to the bond executed by her.
3. Learned Government Advocate produced the order of the Director of Public Health and Preventive Medicine
Enforcement of bond conditions and the obligation to serve the institution after completing the Post Graduate course.
The court emphasized the importance of upholding the conditions stipulated in the bond and held that the respondents cannot act in breach of the condition imposed and enforce conditions of the bond b....
Court directs consideration of bond-based employment representation within stipulated time frame.
The mandatory service period under a student bond for medical postgraduates commences from the date of course completion, not from the date of subsequent appointment or posting.
The court found that issuing a posting order after the bond period expired rendered the order invalid, mandating the return of the petitioner's documents.
The deeming clause in Rule 11 of the Admission Rules led to the automatic cancellation of bond conditions due to the failure to issue appointment orders within the stipulated time, rendering the bond....
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