A retrospective imposition of a mandatory service bond on medical students, which was not disclosed in the official counseling portal or prospectus at the time of admission, is arbitrary, illegal, and unenforceable.

COMMON ORDER

1.WP.No.27118 of 2025 has been filed for the following reliefs:-

“calling for the 6th respondent contained in its show cause notice bearing Ref.No.1661/E1/2024, dated 27.6.2025 and quash the same as arbitrary, unjust and illegal.”

2. WP.No.13669 of 2025 has been filed for the following reliefs:-

“declaring that the Petitioners are not required to serve compulsory bond service in the State of Tamil Nadu pursuant to the completion of the Diplomate of National Board (DNB) in the Respondent Nos. 5 to 9 colleges, and to consequently direct Respondent Nos. 5 to 9 to return the Petitioners original certificates and documents collected by the Respondent Nos. 5 to 9 while admitting the Petitioners to their DNB Diploma courses along with their DNB Diploma certificate, to further direct the 2nd Respondent to refund a sum of Rs. 20,00,000/- paid by the 5th Petitioner, and to direct the Respondent Nos. 5 to 9 to issue arrears of stipend to the Petitioners in terms of G.O. (Ms.) No. 335 issued by the 1st Respondent, dated 29.07.2021.

3. The facts and the issue for consideration are the same in both the Writ Petitions and therefore a common order is being pronounced.

4. The Petitioners in WP.No.13669 of 2025 are DNB Diploma graduates who were admitted under the All-India Quota as non-service candidates for the 2021–2022 academic batch and completed their course in May 2024. Their selection and examinations were conducted under the control of the 4th Respondent. At the time of admission, no requirement of compulsory bond service was disclosed. The prospectus issued by the 4th Respondent did not mention any bond obligation, and the Medical Counselling Committee (MCC) portal explicitly reflected “Not Available” under the bond status for the allotted seats. Accordingly, the Petitioners joined their respective courses in Respondents 5 to 9 institutions. As a mandatory condition of admission, the Petitioners submitted their original certificates to the respective colleges. Nearly a year after commencement of the course, in February 2023, the Petitioners were compelled to execute predated bond agreements requiring them to serve the 1st Respondent for a period of two years upon completion of the course. This condition was imposed retrospectively without prior notice or disclosure. The Petitioners, under coercion and apprehension of discontinuation of their courses, signed the bonds.

5. Subsequently, even before completion of the course, the 3rd Respondent issued compulsory bond posting orders dated 14.03.2024, directing the Petitioners to report for duty at various Government hospitals within seven days. These orders were issued while the Petitioners were still undergoing training and had not completed their clinical examinations, rendering compliance impracticable. Aggrieved by the same, some of the Petitioners submitted representations to the 4th Respondent. In response, the 4th Respondent, by email dated 06.06.2024, clarified that bond conditions cannot be enforced for the 2021 admission batch if such details were not uploaded on the MCC portal prior to NEET-PG counselling. Despite the said clarification, Respondents 2 and 3 continued to insist on compliance with the bond service and threatened coercive action. Under protest and apprehension, most of the Petitioners had joined the postings.

6. Thereafter, Legal notices were issued by the Petitioners seeking exemption from the bond obligation. Pursuant thereto, the 2nd Responde