SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Online)(Mad) 104120

MADRAS HIGH COURT
, J
Ruba Devi P. v. State of Tamil Nadu
W. P. No. 26461 of 2022



Advocates:
For the Appellants/Petitioners: Mr. Sharath Chandran, Mr. G. Sankaran, Mr. A. Mohamed Ismail, Mr. R. Arumugam
For the Respondents: Mr. U. M. Ravichandran, Mr. R. Imayavaramban

Candidates are entitled to retrieve their certificates upon completion of two years unless employment was offered, supporting the bond conditions.

Headnote:The present case deals with writ petitions concerning the return of original certificates after executing a bond to serve in government institutions for two years post completion of P.G. Degree courses or P.G. Diploma courses. The court observed that failure to offer employment invalidates the bond conditions post completion of the bond period, entitling students to retrieve their certificates. The court reiterated conditions for those who did not complete the bond period while also establishing the necessity of an undertaking for future service during emergencies.

Table of Content
1. common issues regarding bond in government service. (Para 1 , 2 , 3 , 4 , 5 , 6 , 8)
2. arguments concerning employment offers and certificate retrieval. (Para 9 , 14 , 17 , 20 , 21)
3. the court's ratio on bond period conditions. (Para 10 , 12 , 13 , 23)
4. observations regarding bond conditions and employment offers. (Para 22)
5. final ruling on certificate retrieval and conditions. (Para 24)

1. The issue raised in these writ petitions since is common, with the consent of the learned counsel appearing for both sides, all these writ petitions were heard together and are disposed by this common order.

2. These petitioners after having completed the UG degree course in Medicine, subsequently, on selection, were admitted in respective P.G. Degree courses or P.G. Diploma courses at the respondents Institutions.

3. At the time of admitting in P.G. Degree courses or P.G. Diploma courses, they were asked to execute a bond under which inter alia one of the important condition is that, these students after completing either the P.G. Degree courses or P.G. Diploma courses have to serve for the Government / Government Institutions / Hospitals for a period of two years after they successfully completed their respective P.G. Degree courses or P.G. Diploma courses as the case may be.

4. Accordingly, these petitioners have completed their respective P.G. Degree courses or P.G. Diploma courses in 2022, except in one case in W.P.No.27467 of 2022 where she completed in 2020, in other words, all these petitioners have successfully completed their respective P.G. Degree courses or P.G. Diploma courses as the case may be on or before 31 May, 2022.

5. Even though they completed the P.G. courses successfully, and though they wanted to work for two years period their services have not been utilised by the respondents by offering any job to them to utilise their services for atleast two years period in order to comply with the bond condition that these petitioners would be utilised for two years in Government service.

6. Since no such offer had come from the respondents to utilise the services of the petitioners for two years of their completion of the P.G. Degree courses or P.G. Diploma courses, after the completion of the bond period, they would be free to go for any further option to secure a job in any other Hospitals, Institutions or even they can pursue further higher courses or super specialty courses.

7. However for the aforestated purpose, when they approached the respondents / institutions to get back the original certificates which they produced at the time of joining in P.G. Degree courses or P.G. Diploma courses, they refused to give original certificates pertaining to these petitioners on the simple reason that, since there has been a bond condition in the bond executed by each of the petitioners at the time of admission in P.G. Degree courses or P.G. Diploma courses, they should work for the Institution of Government for the period of 2 years and therefore for the period of two years, the petitioner would not be permitted to take back the original certificates.

8. Only against this stand taken by the respondents as they withheld the certificates belongs to the petitioners, these petitioners have approached this Court and filed this batch of writ petitions.

9. Heard Mr. Sharath Chandran, Mr. G. Sankaran, Mr. A. Mohamed Ismail and Mr. R. Arumugam, learned counsel appearing for the petitioners in respective writ petitions and Mr. U. M. Ravichandran, learned Special Government Pleader for the respondents 1, 2 and 4 and Mr. R. Imayavaramban, learned counsel appearing for the 3rd respondent.

10. The issue raised in this batch of writ petitions is no more res integra as number of orders on this line have already been passed similar to that of the petitioners based on the writ appeal order in W.A.No.799 of 2019 where the following orders have been passed:
“103. Our conclusions, therefore, are:
i. There is no material difference between the








































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top