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2026 Supreme(Online)(Mad) 23776

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
Dr.Saharika D/o. K. S. Vasanth Raj Plot No 6A, Dev Vihar, Greenwood city, Thalambur main road, Thalambur, Navalur – Appellant
Versus
The State of Tamil Nadu, Represented by its Principal Secretary, Health and Family Department, Secretariat,Chennai 600 009. – Respondent
WMP NO. 11688 OF 2026 | WMP NO. 11689 OF 2026 | WMP NO. 11691 OF 2026



Advocates:
For the Appellants/Petitioners: Mr.K.R.Laxman
For the Respondents:Mr.E.Sundaram, Government Advocate

Retention of original certificates by government bodies is unlawful without due process, particularly after course completion.

Headnote:In the matter concerning the return of original certificates, the petitioners, qualified Doctors who secured admission to Government medical colleges for Post Graduate courses, contended that their documents were retained under the pretext of unfulfilled bond obligations. The court found that holding certificates without issuing Posting Orders is unsustainable. The issue centered on the legality of retaining documents without proper procedures defined by the law. The court mandated issuance of Posting Orders or the return of documents within specified timeframes.

Result: The writ petition is disposed of with directions.

Table of Content
1. retention of certificates upon admission. (Para 1 , 2 , 3)
2. arguments on legal obligations tied to document retention. (Para 5)
3. court's directive against unlawful retention. (Para 7)
4. issuance of posting orders mandated. (Para 8)

Order

The petitioners have filed this writ petition seeking issuance of Writ of Mandamus to direct the respondents 3 to 14 to forthwith return the original certificates / documents of the petitioners, collected by the Respondents 3 to 10 while admitting the petitioners to Post Graduate Degree courses in various institutions.

2. The case of the petitioners is that, they are qualified Doctors and have completed M.B.B.S Degree and secured Post Graduate (in short P.G) Admission in the respondents 3 to 10 Government colleges through All India and State quota for the academic year 2022-2025. During admission, the petitioners were directed to submit their original documents and certificates to the respective respondents colleges as compulsory pre-condition to secure admission in the said colleges. In addition, the petitioners, being non~service candidates, were also required to sign a bond for a sum of Rs.40,00,000/~ with the undertaking that they would serve the Government of Tamil Nadu for a period not less than two years. The petitioners completed the course in the year November 2025 and they became the eligible Doctors. However, till date, the 2nd respondent has neither conducted counselling for regular Bond postings for the petitioners, nor issued Posting order and have also retained the original certificates and documents of the petitioners, stating that the petitioners have not completed the compulsory bond period of two years. Hence, this Writ petition is filed.

3. The learned counsel appearing for the petitioners submitted that though the petitioners have successfully completed their P.G course during the month of November 2025, the 2nd respondent has neither conducted counselling for regular Bond postings for the petitioners till date, nor returned the original certificates and documents of the petitioners collected during the time of admission to the P.G. course under the pretext that the petitioners have not completed the compulsory bond period of two years. Hence, he submitted that it would suffice, if this Court issues direction to the respondents 3~10 to return the original certificates and documents of the petitioners, enabling them to obtain job in any of the private sector.

5. The learned counsel appearing on behalf of the 1st and 2nd respondents, on instructions, submitted that, as per the Prospectus, the petitioners are directed to serve the Government of Tamil Nadu for a period of two years from the date of completion of their PG course and their Certificates will be released after successful completion of the bond period of two years.

6. Heard the arguments advanced by the learned counsel on either side.

7. In view of the above submission made by the learned counsel on either side, and that admittedly, the petitioners completed their P.G. Course during the month of November 2025. However, retaining the original certificates/ documents submitted by the petitioners at the time of admission to the respective respondents colleges on the ground that, the petitioners have not completed the two years of service as per the bond, without issuing Posting Orders is not sustainable and also retaining the petitioners from acquiring job elsewhere cannot be acceded to.

8. Hence, this Court issues direction to the 1st and 2nd respondents to issue Posting Orders to the petitioners and pay them proper stipend within a period of six weeks from the date of receipt of a copy of this order, failing which the respondents 3 to 14 are directed to release the original certificates and documents submitted by the petitioners during the time of admission within a period of one week thereafter, enabling them to acquire job elsewhere.

9. Accordingly, this writ petition is disposed of with the above di

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