Educational certificates cannot be retained as lien for service bond breach; recovery via legal remedies only.

ORDER

The petitioner is before this Court seeking issuance of a writ of mandamus directing the fifth respondent to return the petitioner’s original certificates and documents submitted at the time of admission to the Postgraduate Course (M.D. Anaesthesiology), along with the provisional certificate and the Master’s Degree Certificate.

2.The petitioner was admitted to the Postgraduate Course (M.D.

Anaesthesiology) in the fifth respondent college. At the time of admission, the petitioner executed a bond undertaking to serve the Government of Tamil Nadu for a period of two years upon completion of the course. The petitioner completed the postgraduate course in the year 2019. Thereafter, proceedings dated 20.08.2019 were issued by the Director of Public Health and Preventive Medicine, Chennai, calling upon the petitioner to join duty as an Assistant Surgeon. Despite the said posting order, the petitioner failed to join Government service. Hence, the State contends that the petitioner is not entitled to the return of the original certificates.

3.Heard the learned counsel appearing on either side.

4.The posting order dated 20.08.2019 stipulates that if the candidate fails to join duty within the prescribed period of two weeks, he or she shall be liable under the provisions of the compulsory bond, enforceable under the Revenue Recovery Act, as per G.O. (Ms) No. 256, Health and Family Welfare (MCA-1) Department, dated

29.06.2018.

5.In identical circumstances, a Division Bench of this Court, in W.A. No. 2256 of 2022 and batch, by judgment dated 06.10.2022, held that educational certificates are not marketable commodities and, therefore, cannot be retained. The Division Bench accordingly directed the respondents to return the original certificates, while preserving their liberty to proceed against the candidates for breach of bond conditions. It was further held that there cannot be a general lien over educational certificates under Section 171 of the Indian Contract Act.

6.In the present case, the bond executed by the petitioner stipulates that, in the event of breach, the petitioner is liable to pay a sum of Rs. 40,00,000/-. However, retention of original certificates cannot be justified on account of such breach. It is open to the respondents to recover the said amount by instituting a civil suit or by adopting any other mode permissible in law, but the certificates cannot be withheld on that ground.

7.A similar order was passed by this Court in W.P. (MD) No. 398 of 2025 in respect of the very same fifth respondent college, and the directions issued therein have been complied with. Consequently, Contempt Petition (MD) No. 1797 of 2025 was closed.

8.In view of the above, this writ petition is allowed. The fifth respondent is directed to return the original certificates referred to in the writ petition to the petitioner forthwith, without any delay. It is, however, open to the respondents to initiate appropriate proceedings against the petitioner for breach of the bond conditions. If the authorities are of the view that the petitioner is liable to pay damages, they are at liberty to recover the same by filing a civil suit or by resorting to any other remedy available under law. No costs.