Failure to issue posting order within bond period prevents withholding of original educational certificates post-bond lapse.

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This petition has been filed for a direction, directing the 4th and 5th Respondent authorities to return all original certificates of the petitioner that were submitted by him at the time of his admission to post Graduate Super speciality Degree course during December 2020 in the 5th respondent college.

3. The writ petitioner had undergone Post Graduate course in the fifth respondent colleges. While securing admission, he had executed bond undertaking to serve the Government of Tamil Nadu for a period of two years and has submitted all the original certificates to the respondents. The petitioners while studying has rendered COVID-19 duty for the Government of Tamil Nadu for more than 1 year, therefore, the petitioner along with others filed a writ petition seeking to treat the compulsory bond period as completed which was allowed vide WP.Nos.13882 of 2024 dated 24.05.2024, however, the said order was set aside by a First Bench of this Court in W.A.No.2796 & 2801 of 2024 vide judgment dated 20.11.2024 and directed the petitioners to adhere to the bond condition. Subsequently, Government vide G.O.Ms.No.49 dated 28.02.2024 issued an order to the effect that the bond period of Non Service Post Graduates (Dental/Super Speciality) who have completed their Post Graduate Course in the year 2023 onwards will be reduced from 2 years to one year. The petitioner has completed the super speciality course in the year 2024 and is entitled to benefit. It is the grievance of the petitioner no posting order has been issued to the petitioner till date, whereas, posting orders were issued to the junior of the petitioners. The petitioner's bond period expired in February 2025 and the bond period is lapsed as on date and there is no remaining period left to the petitioner for serving the Government of Tamil Nadu. Hence, seeks for direction of returning of original certificate.

4. The learned counsel for the petitioner submitted that since the respondent had failed to provide the posting order to the petitioner within the bond period from the date of passing out, the petitioner's original certificates cannot be withheld as a matter of right by the respondent. Hence, seeks for a direction.

5. Heard both sides and perused the materials placed on record.

6. Admittedly, the petitioner along with others have initially filed WP.Nos.13882 of 2024 seeking to treat the compulsory bond period as completed, since, the petitioner has done the Covid duty during his Post Graduate Super Speciality course. The said writ petitions were allowed vide common order dated 24.05.2024 and the said order was set aside by a First Bench of this Court in W.A.No.2796 & 2801 of 2024 vide judgment dated

20.11.2024 directing the petitioner to adhere to the bond condition which was executed by the petitioner while joining the course. Subsequently, Government vide G.O.Ms.No.49 dated 28.02.2024 issued an order to the effect that the bond period of Non Service Post Graduates (Dental/Super Speciality) who have completed their Post Graduate Course in the year 2023 onwards will be reduced from 2 years to one year.

7. The petitioner has completed the course in the year February 2024, however, no posting order has been issued to the petitioner till now. It is well settled principle of law that the posting order should have been issued within the bond period, as it is coextensive with bond period. Whereas, admittedly, the petitioner has not been issued with any posting order enabling the petitioner to adhere with the bond conditions within the bond period. In such view of the matter, this Court is of the view that the