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N. SATHISH KUMAR
Anukarthiga. M – Appellant
Versus
State of Tamil Nadu, Represented by its Principal Secretary, Health and Family Department, Secretariat, Chennai – Respondent
JUDGMENT
(Prayer: W.P.No.23241 of 2023 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent authorities to forthwith permit the petitioners to relieve from service and return all original certificates of the petitioners that were submitted by them at the time of their admission to Post Graduate Degree Course.
W.P.No.23248 of 2023 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent authorities to forthwith permit the petitioners to relieve from service and return all original certificates of the petitioners that were submitted by them at the time of their admission to Post Graduate Degree Course, within a time period stipulated by this Court.
W.P.No.23660 of 2023 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to forthwith permit the petitioners to relieve from service.)
1. These writ petitions have been filed to direct the respondent authorities to relieve the petitioners from service and return all original certificates of the petitioners that were submit
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.
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.
Retention of original certificates by government bodies is unlawful without due process, particularly after course completion.
Candidates are entitled to retrieve their certificates upon completion of two years unless employment was offered, supporting the bond conditions.
Failure to issue posting order within bond period prevents withholding of original educational certificates post-bond lapse.
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.
Educational certificates are not marketable commodities and cannot be withheld, and similarly placed individuals must be treated equally to avoid violating constitutional principles.
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