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S. M. SUBRAMANIAM
MD Nizamuddin Khan – Appellant
Versus
State of Tamil Nadu, Represented by its Principal Secretary, Health and Family Department, Secretariat, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 3 to 15 to forthwith return the original certificates/documents of the petitioners, collected by the respondents 3 to 15 while admitting the petitioners to Post Graduate Degree courses in various institutions as sought vide representation lastly dated 04.05.2022 in light of the judgment of this Court in W.A.No.1182/2022 dated 27.4.2022.)
The relief sought for in the present writ petition is to direct the respondents 3 to 15 to forthwith return the original certificates/documents of the petitioners, collected by the respondents 3 to 15 while admitting the petitioners to Post Graduate Degree courses in various institutions as sought vide representation lastly dated 04.05.2022 in light of the judgment of this Court in W.A.No.1182 of 2022 dated 27.04.2022.
2. Admittedly, the writ petitioners have undergone Post Graduate Courses in various discipline in Government Institutions. They have completed their respective specialty courses and they are awaiting the posting orders from the government as per the bond executed by them. As per the bond cond
Retention of original certificates by government bodies is unlawful without due process, particularly after course completion.
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.
Educational certificates are not marketable commodities and cannot be withheld, and similarly placed individuals must be treated equally to avoid violating constitutional principles.
The bond obligation is rendered infructuous if the State fails to issue employment posting orders within two years post-qualification, entitling the candidate to receive their certificates.
Educational certificates cannot be retained as lien for service bond breach; recovery via legal remedies only.
Educational certificates deposited as part of a government medical service bond may be withheld if the candidate fails to fulfill the specific posting requirements mandated by the state after complet....
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.
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