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.

ORDER :

1. This writ petition is filed to direct the respondent authorities to issue the Post Graduate Degree Certificate to the petitioner for the Post Graduate Degree course of M.D. General Medicine completed by the petitioner in the third respondent College in May 2019, within a time period stipulated by this Court.

2. The petitioner got admission on merit for Post Graduation course in M.D. General Medicine, in Madras Medical College, in the year 2016. At the time of joining the course the petitioner executed a bond with an undertaking that she will serve the Tamil Nadu Government, for a period of two years, and she also submitted her original certificates to the respondents. The petitioner completed her Post Graduation course in May 2019, and was sincerely awaiting the posting orders for serving the Government of Tamil Nadu, but till date the petitioner did not receive any posting orders. Since there was a long delay in getting the posting orders, the petitioner appeared for the JIPMER Super Specialty Examination, got selected and was allotted the Super Specialty Course in D.M. (Clinical Immunology), on 17.12.2019. As the petitioner was required to report to the allotted Medical College, along with the original certificates, she approached the respondents, for return of her original certificates. The petitioner on instructions of the second and third respondents submitted an undertaking affidavit to the third respondent, that she would undergo the bond service after completion of the Super Specialty Course, and got return of her original certificates. The petitioner joined the Super Specialty Course at JIPMER Puducherry, on 01.01.2020. The petitioner was shocked to receive the posting orders from the respondents on 24.12.2020, as the respondents were very well aware that the petitioner was pursuing her Super Specialty course. The petitioner completed the Super Specialty Course in December 2022, and thereafter approached the third and fourth respondents for posting orders, so as to comply with the bond conditions and the undertaking executed by her. Eventhough the petitioner approached the respondents for posting orders to render the bond service, soon after the completion of her super speciality course, in December 2022, she was not issued with any posting orders till date. According to the petitioner as the bond period of two years, lapsed the same became infructuous and hence the petitioner was entitled to return of her Post Graduation Certificate. The petitioner stated that the act of the respondents in retaining the petitioner's Post Graduation Degree Certificate, was in violation of her Fundamental Right to Education and livelihood, guaranteed under the Constitution of India. The petitioner stated that she was not able to pursue her profession because of the retention of her certificates by the respondents. The petitioner under the circumstances filed the above writ petition for the aforesaid relief.

3. The 3^rd respondent filed a counter on behalf of all the respondents. Apart from replicating the facts of the case, the respondent stated that the petitioner's original certificates were released in lieu of the undertaking given by her, or otherwise, as per the bond conditions the college was entitled to retain the same. According to the respondents on receipt of the original certificates the bond period would be suspended. The respondents stated that as the bond period was under suspension the petitioner was bound to return the certificates, get the posting orders and complete the bond service. The respondents further stated that the Government passed G.O.(Ms) No.185, Health and Famil