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R. SURESH KUMAR
P. Ruba Devi – Appellant
Versus
State of Tamil Nadu, Represented by its Principal Secretary, Health and Family Welfare Department – Respondent
ORDER :
PRAYER : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the 2nd and 4th respondents to return the original certificates of the petitioner that were submitted by her at the time of her admission of the MD Paediatrics course on 05.02.2019.
The issue raised in these writ petitions since is common, with the consent of the learned counsel appearing for both sides, all these writ petitions were heard together and are disposed by this common order.
2. These petitioners after having completed the UG degree course in Medicine, subsequently, on selection, were admitted in respective P.G. Degree courses or P.G. Diploma courses at the respondents Institutions.
3. At the time of admitting in P.G. Degree courses or P.G. Diploma courses, they were asked to execute a bond under which inter alia one of the important condition is that, these students after completing either the P.G. Degree courses or P.G. Diploma courses have to serve for the Government/Government Institutions/Hospitals for a period of two years after they successfully completed their respective P.G. Degree courses or P.G. Diploma courses as the case may be.
4.
Candidates are entitled to retrieve their certificates upon completion of two years unless employment was offered, supporting the bond conditions.
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.
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.
Retention of original certificates by government bodies is unlawful without due process, particularly after course completion.
Failure to issue posting order within bond period prevents withholding of original educational certificates post-bond lapse.
Certificates cannot be withheld on bond violations; educational documents are not marketable commodities.
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.
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