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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. KRISHNAKUMAR, P.B. BALAJI, JJ.
K. Ambika – Appellant
Versus
The State of Tamil Nadu – Respondent
W.A. Nos. 2583, 1922, 1924 of 2024, C.M.P. Nos. 18571, 18573, 17298, 17300, 13820, 13829 of 2024
Decided On : 20-11-2024
| Table of Content |
|---|
| 1. challenge to prior judgments on petitions. (Para 1 , 2) |
| 2. factual background of the appellant's service during covid. (Para 3) |
| 3. respondents argue bond obligations must be honored. (Para 4) |
| 4. appellants claim rights violation regarding bond service. (Para 5 , 6) |
| 5. counterarguments citing bond legalities and case law. (Para 7 , 8) |
| 6. court reflects on legal obligations and ethical service. (Para 9 , 10 , 11 , 12) |
| 7. clarification on service during training vs. bond obligations. (Para 13 , 14) |
| 8. reiteration of the bond's validity and obligations. (Para 15) |
| 9. final judgment affirming bond service requirement. (Para 16 , 17) |
JUDGMENT :
D. KRISHNAKUMAR, J.
1. These Writ Appeals have been filed, challenging the orders dated 22.04.2024 and 30.04.2024 made in W.P.Nos.10829, 6434 & 6432 of 2024 respectively, in and by which, learned Single Judge, while dismissing all the Writ Petitions, held that the Writ Petitioners are not entitled for reduction of period stipulated under the bond conditions and they have to serve in the Government Medical College and Hospitals.
2. Since the issue involved in these Writ Appeals is one and the same, they are taken up together for rendering a common quietus to the issue. For the sake of brevity, the facts are being acquired from W.A.No.2583 of 2024.
Brief Facts put forth by the Writ Petitioner/Appellant herein (W.A.2583/2024):
3. Dr.K.Ambika / Writ Petitioner / Appellant herein, a Doctor completed her Post Graduation in M.S. Obstetrics and Gynaecology from the 6th respondent college in the year June, 2020. She, being a Non-Service Doctor, was required to execute a bond for Rs.40,00,000/- with an undertaking that she would work for the Government for a period of two years after completing the course. She was also required to hand over all her educational as well as Medical Council Registration certificates;
3.1. In the interregnum period, on account of Covid-19 outbreak, she was assigned Covid duties in ICUs, Casualty and Emergency Wards and in the public interest, she had also taken care of Covid affected people with utmost care without any hesitation, putting her life at stake. Subsequently, she was called for counselling on 12.09.2023 for issuance of bond posting and though she was aware of the judgment of this Court dated 02.02.2023 rendered in W.P.No.26556 of 2022 [Dr.Jayakrishnan and others vs. The State of Tamil Nadu], fearing coercive action at the hands of the respondents, she participated in the counselling and signed a declaration by choosing a posting at the Government Hospital, Arakkonam, Ranipet;
3.2. Despite the ratio decidendi, in the case of Dr.Jayakrishnan and Others vs. The State of Tamil Nadu and others dated 02.02.2023 [W.P.No.26556 of 2022], she received the posting order dated 11.10.2023, posting her in the said Government Hospital for a period of one year and eight months without taking note of her services during Covid period. Subsequently, the bond period was also reduced from two years to one year vide G.O.(Ms) No.351 dated 27.10.2023 and after joining duty, she sent a letter dated 20.03.2024 to the respondents 2 and 6 to treat the Covid period from 15.06.2020 to 14.06.2023 as bond period service and the same has also been certified by the 6th respondent college. Since there was no positive response from the 2nd respondent, she filed a Writ Petition in W.P.No.10829 of 2024, in which, learned Single Judge passed an order dismissing the plea of the Writ Petitioner as stated supra. Aggrieved by the same, the present Writ Appeal has been filed.
3.3. Assailing the order of the learned Single Judge, the appellant submitted that the learned Single Judge, without appreciating the earlier decision of this Court, dismissed the Writ Petition and the services rendered during Covid-19 by post-graduate / super specialty Doctors were refused to be treated as part of their bond duty and the Government failed to extend its arm to them and adjust the particular yeoman services rendered
Executing bonds for post-graduate medical service requires adherence to conditions specified without exceptions for pandemic duties, reaffirming contractual obligations under Article 19(1)(g).
Covid duty and quarantine are considered as part of bonded service, and government orders reducing bond period are applicable to eligible candidates.
Covid duty performed by post-graduate medical students should be considered as part of the bond service period as per the Tamil Nadu Medical Service Rules and government orders.
The main legal point established is that covid duty performed by medical students can be considered as part of the compulsory bond period, as per the Medical Service Rules and government orders.
The main legal point established in the judgment is that Covid duty and quarantine can be considered as part of the bond service, and the bond period for non-service post graduates can be reduced bas....
Covid duty and quarantine should be considered as part of the bond service period for medical students.
Compulsory bond service for medical graduates is legally justified as a condition for subsidized education, and allocations to Primary Health Centres align with public health needs.
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