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2026 Supreme(Online)(Mad) 42625

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
Dr. R. Rafi Ahmed – Appellant
Versus
The State of Tamil nadu – Respondent
W.P.No.15855 of 2026|WP No.15855 of 2026 & WMP Nos.17069 & 17071 OF 2026



Advocates:
For the Appellants/Petitioners: K.R. Laxman
For the Respondents: K. Tippusulthan

The retention of original academic certificates by an institution after course completion is unsustainable if the state fails to provide the mandatory bond postings, as it illegally restricts the individual's right to seek employment elsewhere.

Headnote:(A) Education Law - Retention of Original Certificates - Retaining original academic certificates of students after completion of their course without providing mandatory bond postings is unsustainable and restricts the right to seek employment. (Para 8)

(B) Administrative Law - Bond Obligations - While students may be bound by a service agreement, the state cannot withhold documents to prevent employment in the private sector if it has failed to provide the agreed-upon government postings. (Para 8, 9)

Issues: Whether the respondents can legally retain the original certificates of the petitioners after completion of their PG course without providing the mandatory bond postings.

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents 1 and 2 to direct the respondent 3 to return the (1) original 12th mark sheet (2) original UG mark sheets, (3) original UG degree certificate (4) original PG provisional (5) original PG mark sheets (6) original PG degree certificate (7) original 10th certificate and all other original documents deposited by the respective petitioner retained by the respondent 3 regarding the post-graduation courses of the petitioner respectively.

ORDER

This is a petition filed by the petitioners seeking a direction to respondents 1 and 2 to, in turn, direct the third respondent to return (1) the original 12th mark sheet (2) the original UG mark sheets, (3) the original UG degree certificate (4) the original PG provisional (5) the original PG mark sheets (6) the original PG degree certificate (7) the original 10th certificate and all other original documents deposited by the respective petitioner at the time of admission and retained by the third respondent.

Heard the learned counsel for the petitioners and the learned Government Advocate accepting notice for the respondents.

The case of the petitioners is as follows:

They are qualified Doctors and had pursued Post Graduate (PG) Degree in the third respondent college. At the time of admission, the petitioners were directed to submit their original certificates to the third respondent college as a compulsory pre-condition to secure admission. 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 grievance of the petitioners is that though the petitioners had completed the PG course in November 2025, till date, they have been neither granted bond postings nor given the original certificates that were submitted at the time of admission. Hence, the petitioners have come up with the above writ petition.

The learned counsel appearing for the petitioners submitted that though the petitioners have successfully completed their PG course during November 2025, they were neither provided with the bond postings nor given the original certificates collected at the time of admission to their PG course, that retention of the certificates of the petitioners by the third respondent and restraining the petitioners from acquiring job in private sector are not sustainable and that it would suffice if this Court issues a direction to the third respondent to return the original certificates of the petitioners enabling them to obtain job in the private sector.

The learned Government Advocate appearing on behalf of the 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 that their Certificates will be released only after successful completion of the bond period of two years.

This Court has carefully considered the submissions of the learned counsel on either side and perused the materials available on record.

Having regard to the submissions advanced by the learned counsel on either side, this Court is of the considered view that the petitioners having completed their PG course as early as November 2025, retaining the original certificates/documents submitted by the petitioners at the time of admission to the third respondent college without issuing the posting orders is wholly unsustainable and also restraining the petitioners from acquiring job elsewhere cannot be acceded to.

Hence, the writ petition is disposed of with a direction to respondents 1 and 2 to issue posting orders to the petitioners and pay them proper stipend within a period of six (6) weeks from the date of receipt of a copy

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