The court found that issuing a posting order after the bond period expired rendered the order invalid, mandating the return of the petitioner's documents.

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned posting order issued by the fourth respondent vide R.No.4655322/E5/A4/2023-347 dated 13.12.2024 and quash the same and further to direct the fifth respondent to return the petitioner’s original certificates and documents collected during her Post – Graduate admission along with her Post - Graduate degree certificate, Transfer certificate and conduct certificate.

For Petitioner : Mr.M.Vijaya Ragavan For Respondents : Mr.K.Tippu Sulthan Government Advocate

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the posting order issued by the fourth respondent vide R.No.4655322/E5/A4/2023-347 dated 13.12.2024 and quash the same and to direct the fifth respondent to return the petitioner’s original certificates and documents collected during her Post –

Graduate admission along with her Post - Graduate degree certificate, Transfer certificate and conduct certificate.

2.The learned counsel appearing for the petitioner submitted that the petitioner after completing MBBS Course in May, 2020, joined Post Graduation in MD Anaesthesiology in the non-service category at Government Vellore Medical College and completed the Course in May, 2023. At the time of admission to the PG Course, the petitioner had executed bond for a sum of Rs.40 Lakhs undertaking that she would serve the State for a period of two years after completion of the Post Graduation course and submitted the same along with her original certificates to the fifth respondent.

3.The learned counsel appearing for the petitioner further submitted that the Government issued G.O.Ms.No.351, Health and Family Welfare (MCA-1) Department, dated 27.10.2023 to the effect that the bond period for non-service Post Graduates (Degree/Diploma) who have completed their Post Graduate courses in the year 2023 will be reduced from two years to one year (from the date of joining in the bond service) and further the bond amount for the non-service Post Graduates will be Rs.20 Lakhs instead of Rs.40 Lakhs and this benefit is applicable to the petitioner also.

4.The learned counsel appearing for the petitioner further submitted that the petitioner completed her Post Graduation in May, 2023 and the fourth respondent issued the posting order only on 13.12.2024 after expiry of the bond period and hence the petitioner is free from the encumbrances under the bond and the respondents have to return back the original certificates submitted by the petitioner.

5.The learned Government Advocate appearing for the respondents fairly submitted that impugned appointment order was issued to the petitioner on 13.12.2024 after expiry of the bond period of one year in terms of G.O.Ms.No.351, Health and Family Welfare (MCA-1) Department, dated 27.10.2023.

6.Heard the arguments advanced on either side and perused the materials available on record.

7.The petitioner completed her Post Graduation in May, 2023, however, the fourth respondent issued the posting order only on

13.12.2024, after expiry of the bond period of one year in terms of G.O.Ms.No.351, Health and Family Welfare (MCA-1) Department, dated 27.10.2023.

8.In view of the above, this Court directs the respondents to cancel the bond executed by the petitioner and to return all the original documents submitted by the petitioner, within a period of four weeks from the date of receipt of a copy of