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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs Justice N. MALA
Aishwaraya G. – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. petitioner entitled to post graduation certificate (Para 1 , 2) |
| 2. respondents argue certificate retention valid (Para 3 , 4 , 5) |
| 3. court analyzes bond service obligations (Para 6 , 7 , 8) |
| 4. failure to issue posting orders renders bond infructuous (Para 9 , 10) |
| 5. writ petition allowed; certificate to be issued (Para 11 , 12) |
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
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.
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.
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.
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.
Educational certificates cannot be retained as lien for service bond breach; recovery via legal remedies only.
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