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2022 Supreme(Mad) 3709

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SURESH KUMAR, J.
P. Ruba Devi - Petitioner
Versus
The State of Tamil Nadu, Represented by its Principal Secretary, Health and Family Welfare Department & Ors. - Respondents
W.P. Nos. 26461, 26463, 26467, 26468 of 2022, W.P. Nos. 26496, 26497, 26499, 26500 of 2022, W.P. Nos. 26531, 26532, 26535, 26537 of 2022, W.P. Nos. 26593, 26595, 26597, 26600, 26602 of 2022, W.P. Nos. 27047, 27051, 27055, 27060, 27063, 27065, 27068 of 2022, W.P. Nos. 27073, 27077, 27080, 27083, 27084 of 2022, W.P. Nos. 27102, 27103, 27105, 27106 & 27107 of 2022, W.P. Nos. 27118, 27122, 27125, 27128, 27130 of 2022, W.P. Nos. 26777, 26775, 26780, 26783, 26788 of 2022, W.P. Nos. 27180 & 27181 of 2022, W.P. No. 27248 & 27249 of 2022, W.P. No. 27467 of 2022 and W.M.P. No. 26683 of 2022
Decided On : 17-10-2022

Advocates Appeared:
For the Petitioner: Mr. Sharath Chandran, Mr. A. Mohamed Ismail, Mr. R. Arumugam, Mr. G. Sankaran.
For the Respondents: Mr. U.M. Ravichandran, Special Government Pleader, Mr. R. Imayavaramban for M/s.Ramalingam & Associates.

Headnote:

Constitution of India,1950 - Article 226 - Admission - Paediatrics course - Certificates - Held, Division Bench held that bond period is coterminous with candidates concerned bond period is over two years as case may be if it is over within which if no offer of employment is given to whatever reason by respondents then candidates cannot be clutched for any further period and they are entitled to get back their certificates and they are free to go for any other organisation to join or to go for any higher studies - Suppose in some cases if the bond period is not completed even though petitioners are ready and willing to work since there has been no offer given as of now by respondents - Writ Petitions are disposed of.

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. Accordingly, these petitioners have completed their respective P.G. Degree courses or P.G. Diploma courses in 2022, except in one case in W.P.No.27467 of 2022 where she completed in 2020, in other words, all these petitioners have successfully completed their respective P.G. Degree courses or P.G. Diploma courses as the case may be on or before 31st May 2022.

5. Even though they completed the P.G. courses successfully, and though they wanted to work for two years period their services have not been utilised by the respondents by offering any job to them to utilise their services for atleast two years period in order to comply with the bond condition that these petitioners would be utilised for two years in Government service.

6. Since no such offer had come from the respondents to utilise the services of the petitioners for two years of their completion of the P.G. Degree courses or P.G. Diploma courses, after the completion of the bond period, they would be free to go for any further option to secure a job in any other Hospitals, Institutions or even they can pursue further higher courses or super specialty courses.

7. However for the aforestated purpose, when they approached the respondents/institutions to get back the original certificates which they produced at the time of joining in P.G. Degree courses or P.G. Diploma courses, they refused to give original certificates pertaining to these petitioners on the simple reason that, since there has been a bond condition in the bond executed by each of the petitioners at the time of admission in P.G. Degree courses or P.G. Diploma courses, they should work for the Institution of Government for the period of 2 years and therefore for the period of two years, the petitioner would not be permitted to take back the original certificates.

8. Only against this stand taken by the respondents as they withheld the certificates belongs to the petitioners, these petitioners have approached this Court and filed this batch of writ petitions.

9. Heard Mr. Sharath Chandran, Mr. G. Sankaran, Mr. A. Mohamed Ismail and Mr. R. Arumugam, learned counsel appearing for the petitioners in respective writ petitions and Mr. U.M. Ravichandran, learned Special Government Pleader for the respondents 1, 2 & 4 and Mr. R. Imayavaramban, learned counsel appearing for the 3rd respondent.

10. The issue raised in this batch of writ petitions is no more res integra as number of orders on this line have already been passed similar to that of the petitioners based on the writ appeal order in W.A.No.799 of 2019 where the following orders have been passed :

    “103. Our conclusions, therefore, are:

i. There is no material difference between the status of students occupying the State seats and All India Quota seats, in as much as they enjoy the educatio

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