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G. R. SWAMINATHAN
S. Giridharan – Appellant
Versus
State of Tamil Nadu Represented by its Principal Secretary, Health and Family Department Secretariat, Chennai – Respondent
JUDGMENT
(Prayer :Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to return the original certificates of the petitioners collected by the 3rd to 8th respondent at the time of their admission.)
1. Heard the learned counsel appearing for the writ petitioners and the learned Special Government Pleader appearing for the respondents.
2. The petitioners are qualified Doctors, who obtained Post Graduate degree in the respective colleges(respondents 3 to 8) during the academic year 2018-2021. While obtaining admission, they had undertaken to serve in Government Hospitals for a period of two years. To this effect, they had also executed bonds. After, they successfully completed their PG Courses in May 2021, they were called upon to do Covid-19 duty. They worked on temporary and contractual basis for about 10 months. Thereafter they were relieved. They were not issued with any fresh posting orders. The petitioners wrote to the respondents demanding return of their original certificates collected by the respective colleges at the time of admission. The respondents have taken a stand that since the petitioners
Educational certificates are not marketable commodities and cannot be withheld, and similarly placed individuals must be treated equally to avoid violating constitutional principles.
The period of applicability of the bond conditions will be co-terminus with the period of two years from the date a candidate successfully passes out the course.
Educational certificates cannot be retained as lien for service bond breach; recovery via legal remedies only.
The bond period is co-terminus with the period of two years from the date a candidate successfully passes out the course, and appointment should be given within this period.
Retention of original certificates by government bodies is unlawful without due process, particularly after course completion.
Certificates cannot be withheld on bond violations; educational documents are not marketable commodities.
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