Educational certificates deposited as part of a government medical service bond may be withheld if the candidate fails to fulfill the specific posting requirements mandated by the state after completing their course, distinguishing such cases from those where no posting offer is made.

In all petitions For Petitioner : Mr.M.Ramamoorthi For Respondent : Mr.K.Tippusulthan Government Advocate for R1, R3 and R5 Mr.M.Sivavarthanan for R4 C O M M O N O R D E R Since the issues involved in these writ petitions are one and the same, they are disposed of by way of the common order.

2. The petitioners have completed their Bachelor of Medicine and Bachelor of Surgery [MBBS]. At the time of joining the Super Speciality Course/Post Graduate in Medical Sciences, they were asked to sign an agreement to serve under the Tamil Nadu Medical Service for a particular period or to pay the bond amount. Accordingly, they executed a bond to the Government of Tamil Nadu to serve the Tamil Nadu Government/Government Institutions/Hospitals, after successfully completing their Post Graduate in Medical Courses. They have successfully completed the bond period also. Therefore, the petitioners have filed the present writ petitions for a direction to the respondents to return the Original Certificates which they have handed over to the respondents/Directorate of Medical Education at the time of joining of the Super Speciality Course. The petitioners placed reliance on the judgment of this Court in W.A.No.799 of 2021, wherein, it was held that the bond period is coterminous with the candidates concerned and therefore, once the bond period is over i.e., the two years as the case may be if it is over within which if no offer of employment is given to whatever reason by the Government of Tamil Nadu, then the candidates cannot be clutched for any further period and they are entitled to get back their certificates and they are free to go for any other organisation to join or to go for any higher studies. Accordingly, the petitioners prayed for a writ of Mandamus directing the respondents to return their Original Certificates.

3. Heard the learned counsel appearing for the petitioners who reiterated the averments made in the affidavit filed in support of these writ petitions and prayed for the relief as stated above.

4. The learned Government Advocate appearing for the respondents 1, 3 and 5 who submitted that the Government has already issued the posting orders to the petitioners in the sanctioned posts with the instructions to work for a minimum period of two years. However, the petitioners have not rendered the service as stipulated in the posting orders. Hence, the respondents reserved the right to insist the petitioners to render the service as stated in the posting orders. Thereafter, the Government shall consider the return back of their Original Certificates.

5. This Court has carefully gone through the submissions made by both sides and the materials placed on record.

6. Though the reliance is placed by the petitioners on the judgment of this Court in W.A.No.799 of 2021 dated 06.10.2022, the facts of the present case are different to the effect that the petitioners herein have been issued with the posting orders, however, they have not rendered service as stipulated in the posting orders. Hence, the respondents are at liberty to consider the petitioners’ request for returning the Original Certificates after satisfying themselves as to rendering of service by the petitioners as per the posting orders issued in their favour.

7. Accordingly, these Writ Petitions are dismissed. There shall be no order as to costs.