ORDER

This Writ Petition has been filed by the five Doctors, who, in the nature of a Mandamus seeking a direction against the 3 to 6 respondents, namely, Government ESI Medical College and Hospital, represented by its Dean, Coimbatore, and also by the Government Mohan Kumaramangalam Medical College Hospital, represented by its Dean, Fort Main Road, Salem and also against Government Villupuram Medical College, represented by its Dean, Mundiyampakkam, Villupuram and Government Medical College, Thiruvallur, represented by its Dean, Thiruvallur, to relieve them from their service which they had agreed in separate bonds executed by them and to further direct the third to seventh respondents to return their original certificates/documents along with their Super Specialty Degree certificates.

2. The petitioners had completed M.B.B.S Degree and also their PG Degree. They had thereafter studied various Post Graduation Specialty Courses as stated in the affidavit. There were each required to give the originals of their certificates, namely, 10th and 12th mark sheets, M.B.B.S Degree and all other educational service to the respective respondent Colleges. Thereafter, they were each directed to execute a bond for a sum of Rs.50/- lakhs with an undertaking that they would serve the Government of TamilNadu for a period of two years upon completing their Specialty courses. Each one of the petitioners had qualified themselves in one of the Super Specialty Courses, namely, DM (Neurology / DM (Medical Gastroenterology) and DM (Nephrology)

3. They stated that during the study of the Super Specialty Courses, Covid-19 pandemic struck. They were also called them to serve as front line medical team to attend to those patients, who had been afflicted with Covid-19.

4. I am informed that they had so attend those patients.

5. The only issue was that they did so during the study period of their Super Specialty Courses. Thereafter, they completed the Super Specialty Courses. The bonds remained in force. The bonds indicate that they must each do two years of Government Service after completing the Super Specialty Courses.

6. By this Writ Petition, the petitioners seek adjustment of their duty done while they were students when they attended the Covid-19 patients as part of the bond period. In effect, they seek to take advantage of the service rendered by them during the course of their study and expect adjustment of that period with the period for which they have to serve for the Government in accordance with the bonds executed. It is also independently contended that the respondents do not have vacancies commensurate with the specialisations attained by them and that even if they do Government Service, they would only be accommodated in places where their specialisation would not be put to effective use. It is under those circumstances, primarily seeking adjustment of the period of service done for Covid-19 patients during their course of study, the present Writ Petition has been filed.

7. A counter affidavit had been filed by the respondents in which though the facts as stated are admitted, it had been further stated that the petitioners were expected to do two years of any Government Service after the completion of the course. It was stated that the petitioners cannot take advantage of service of rendered treating covid-19 patients during their study and expect that period to be adjusted with the two years period. 8. It is however contended by the learned counsel for the petitioners that those Government Doctors, who had completed their Post Graduation and did covid-19 duty were favourably considered by the respondents and the period for which they had actually treated covid-19 patients were off-set with the two years period of any Government Service. It is therefore contended that the petitioners are treated unequally and that they were studying Super Specialty Courses after completing their Post Graduation. It is contended that when Post Graduates, who had