Retention of educational certificates as security for bond service is lawful and serves public interest.

ORDER

This writ petition has been filed to direct the 5^th respondent to return the petitioner's 12^th Certificate M.B.B.S. degree certificate, M.B.B.S. mark sheets / certificate and M.D. mark sheets/ certificate.

2. Heard Mr.Suhrith Parthasarathy, learned counsel for the petitioner and Mrs.M.Sneha, learned Special Counsel appearing for the respondents.

3. The learned counsel for the petitioner would submit that the petitioner, after completing her M.B.B.S Degree, pursued Post Graduate degree in MD Microbiology in the 5^th respondent College through All-India Quota for the academic year 2015-16. It is the submission of the learned counsel for the petitioner that as a mandatory requirement for Post Graduate admission, the petitioner submitted her original academic certificate including 12^th Standard Mark Sheets, M.B.B.S Degree Certificate and other certificates and has also executed a bond for a sum of Rs.40,00,000/- [Rupees Forty Lakhs only] or agreeing to serve the Government for a period of two years. The learned counsel would further submit that after completing her Post Graduate study in May 2018, two months later, on 03.08.2018, the petitioner was issued with a compulsory posting order. It is the further submission of the petitioner that the petitioner was unable to join the posting and subsequently, on 25.10.2018, the 5^th respondent issued a letter directing the petitioner to either report to the 4^th respondent for duty or to pay the bond amount within fifteen days. Now that, the learned counsel would submit that two years bond period has already expired and that the original academic certificates are not a commodity to keep it as a lien for the payment of a bond amount of Rs.40 lakhs. He would further contend that if at all the respondent intends to enforce the bond, they may do so by filing the appropriate civil proceedings, however, the retention of the original academic certificates is in contravention to the judgement of the Hon'ble Supreme Court in R.D.Saxena Vs. Balram Prasad Sharma reported in(2000) 7 SCC 264. The learned counsel would also rely upon the Division Bench judgment of this Court inWA.Nos.2256, 2257 & 2259 of 2022 [Dr.Nirmal M. Vs. The State of Tamil Nadu and others] wherein in a similar circumstances, this Court vide order dated 06.10.2022 directed the respondents to return the original certificates. Further, the above said order was further clarified the order of the learned Single Judge inWP(MD) No.14681 of 2024 [N.Thillai Mathiyarasi Vs. The State of Tamil Nadu and others] Hence, prayed to direct the respondents to release the original certificates.

4. Per contra, the said contention was stoutly objected by the learned Special Counsel and would contend that the very objective of the bond service is, to provide higher level of health service to the economically weaker section of the Society, which is their fundamental right under Article 21 of the Constitution of India , and that the Government having invested huge amount upon the education of the petitioner, has every right to have the bond from those persons and that they have got every right to retain the original certificates till they complete the bond service or pay the bond amount. The learned Special Counsel would further submit that the above legal position is no longer res integra in view of the decision made inWA.No.799 of 2019 [The State of Tamil Nadu Vs. P.S.Sairam and others] reported inMANU/TN/5492/2020 and the judgment of the Hon'ble Supreme Court inAssociation of Medical Superspeciality Aspirants and Residents Vs. Union of India reported in(2019) 8 SCC 607. Hence, prayed to dismiss the instant