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2024 Supreme(Online)(MAD) 35368
HIGH COURT OF MADRAS
Hon`ble Mr Justice S.M. SUBRAMANIAM
DR.S.SAHANA PRIYANKAA – Appellant
Versus
THE STATE OF TAMIL NADU – Respondent
The validity of bond agreements requiring medical graduates to serve in public health remains upheld, ensuring society's right to accessible medical services.
Headnote:
Bond - Medical Service Obligations - Tamil Government Servants (Conditions of Services) Act, 2016 - Section 19(1) - The Act allows the state to impose bond conditions for postgraduate medical students, ensuring the provision of medical services in government hospitals, especially for the economically disadvantaged.
Fact of the Case:
The petitioners challenged their appointment as Assistant Surgeons under a bond requiring two years of service in government hospitals after completing their postgraduate medical education. They argued that their COVID-19 service should count towards this period, claiming the bond's terms were unenforceable.
Issues: Whether the period served during the COVID-19 pandemic can be counted towards the bond service required under the conditions agreed upon by the petitioners.
Ratio Decidendi: The bond conditions are valid; public interest and the need for specialized healthcare justify the enforcement of the bond, which was voluntarily agreed upon by the petitioners.
Final Decision: Writ Petitions dismissed; petitioners to serve as per bond conditions.
C O M M O N O R D E R
The proceedings of the Director of Public Health and Preventive Medicine appointing the petitioners as Assistant Surgeon (Specialists) based on the bond agreement under Rule 19(1) of the Tamil Government Servants (Conditions of Services) Act, 2016 are under challenge in the present writ petitions.
FACTS IN BRIEF:
2. It is not in dispute that the petitioners signed the Bond by accepting the conditions to serve two years of period in the Government Hospital. In compliance with the terms of agreement, an appointment order was issued by the respondents to the petitioner. Bond has been executed by the Government taking into consideration the amounts spent for these Post Graduate Medical Course Students to undergo the course. In order to compensate the Government expenditures and with an object to provide free specialised medical treatments to the poor and the needy people across the State of Tamil Nadu, the condition was proposed at the time of admission to Post Graduate Medical course and the condition was accepted by the students / petitioners and they have signed and promised to serve two years of period in Government Hospital after completion of their Post Graduate / Speciality Medical Course.
3. On completion of the course, the petitioners claim that they have served during COVID-19 Pandemic period and the said period is to be reckoned for the purpose of calculating two years of service. The petitioners have further said that the contemplation of two years of period of service itself is untenable. Such conditions imposed in the Bond is not binding on them and therefore, the same is to be set aside.
4. Mr.Suhrith Parthasarathy, learned Counsel appearing on behalf of the petitioners would submit that similar claim of other persons were considered by this Court in some writ petitions. Further, the petitioners have served during Covid-19 pandemic period, which is not disputed. Therefore, the said period is to be reckoned for calculating the total period of two years of service to be rendered as per the bond conditions.
REPLY BY THE RESPONDENTS:
5. Mr.K.Tippu Sulthan, learned Government Advocate appearing on behalf of the respondents would oppose by stating that the Government has not conceded its stand at any point of time. Covid-19 pandemic is an emergency situation and the Post Graduate students are bound to attend patients even while undergoing the Post Graduate Medical course. It is a part of their duty and the Government is paying monthly stipend to all the Post Graduate students. Therefore, the claim of the petitioner is untenable.
6. Considering the claim of many such students, the Government itself has reduced the period from two years to one year in G.O.(Ms)No.351 dated 27.10.2023. Therefore, the petitioners have to complete one year of service in any Government Medical College and Hospital in compliance with the bond conditions.
7. Pertinently, the expenditure incurred by the Government for training one Post Graduate student (Broad Specialty Course) reads as under:
| S. No | Posts | No of Posts required | Minimum Salary per head | Expenditure per month | Total expenditure for 3 years in Rs. |
| 1. | Associate Professor | 1 | 1,00,000 | 1,00,000 | 36,00,000 |
| 2. | Assistant Professor | 3 | 60,000 | 1,80,000 | 64,80,000 |
| 3. | PG Salary/Stipend | 5(50% will be service PG out of 10 seats eligible in the specialties of Medicine Surgery) | 40,000 | 2,00,000 | 72,00,000 |
| 4. | Stipend | 5 (for non service PG) | 20,000 | 1,00,000 | 36,00,000 |
| 5. | Department Library | 10,00,000 | |||
| 6. | Research Lab | 10,00,000 | |||
| Total | 2,08,00,000 (rounded to Rs.2,10,00,000) |
8. Fee payable in Government institutions reads as under:
| Tution Fees per annum | |
| Name of the Course | Fees fixed in Rs. |
| PG Diploma | 20,000/- |
| PG Degree | 30,000/- |
Particulars 2023-2024 Self Financing Colleges Student Clinical Non-clininal
| Particulars | 2023-2024 Self Financing Colleges | |||||
| Strength | ||||||
| Govt Quota | Management Quota | NRI | Govt Quota | Management | ||
