Madras High Court
P.Ruba Devi vs The State Of Tamil Nadu on 17 October, 2022
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
W.P. No.26461 of 2022 etc. batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2022
CORAM
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P. Nos.26461, 26463, 26467, 26468 of 2022
W.P.Nos.26496, 26497, 26499, 26500 of 2022
W.P.Nos.26531, 26532, 26535, 26537 of 2022
W.P.Nos.26593, 26595, 26597, 26600, 26602 of 2022
W.P.Nos.27047, 27051, 27055, 27060, 27063, 27065, 27068 of 2022
W.P.Nos.27073, 27077, 27080, 27083, 27084 of 2022
W.P.Nos.27102, 27103, 27105, 27106 & 27107 of 2022
W.P.Nos.27118, 27122, 27125, 27128, 27130 of 2022
W.P.Nos.26777, 26775, 26780, 26783, 26788 of 2022
W.P.Nos.27180 & 27181 of 2022
W.P.No.27248 & 27249 of 2022
W.P.No.27467 of 2022 and W.M.P.No.26683 of 2022
*****
W.P.No.26461 of 2022:
P.Ruba Devi ... Petitioner
Vs.
1.The State of Tamil Nadu,
Represented by its Principal Secretary,
Health and Family Welfare Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.Directorate of Medical Education,
Represented by the Deputy Director
of Medical Education,
Kilpauk, Chennai – 600 010.
https://www.mhc.tn.gov.in/judis
1/19
W.P. No.26461 of 2022 etc. batch
3.The Registrar,
The Tamil Nadu Dr. M.G.R. Medical University,
69, Anna Salai, Guindy, Chennai – 600 032.
4.The Dean,
Madras Medical College,
EVR Periyar Salai,
Park Town,
Chennai. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus to direct the 2nd and 4th
respondents to return the original certificates of the petitioner that were
submitted by her at the time of her admission of the MD Paediatrics course
on 05.02.2019.
For Petitioner : Mr.Sharath Chandran
in WP.No.26461, 26463, 26467
& 26468 of 2022
: W.P.Nos.26496, 26497, 26499, 26500
of 2022
: W.P.Nos.26531, 26532, 26535, 26537
of 2022
: W.P.Nos.26593, 26595, 26597, 26600,
26602 of 2022
: W.P.Nos.27047, 27051, 27055, 27060,
27063, 27065 & 27068 of 2022
: W.P.Nos.27073, 27077, 27080, 27083,
27084 of 2022
: W.P.Nos.27118, 27122, 27125, 27128,
27130 of 2022
: W.P.Nos.26777, 26775, 26780, 26783,
26788 of 2022
: Mr.A.Mohamed Ismail
in W.P.Nos.27180 & 27181 of 2022
: Mr.R.Arumugam
in W.P.No.27248 & 27249 of 2022
https://www.mhc.tn.gov.in/judis
2/19
W.P. No.26461 of 2022 etc. batch
: Mr.G.Sankaran
in W.P.No.27467 of 2022
For Respondents : Mr.U.M.Ravichandran
in all WPs Special Government Pleader
for R1, R2 & R4
: Mr.R.Imayavaramban
for M/s.Ramalingam & Associates
for R3
COMMON ORDER
The issue raised in these writ petitions since is common, with the consent of the learned counsel appearing for both sides, all these writ petitions were heard together and are disposed by this common order.
2. These petitioners after having completed the UG degree course in Medicine, subsequently, on selection, were admitted in respective P.G. Degree courses or P.G. Diploma courses at the respondents Institutions.
3. At the time of admitting in P.G. Degree courses or P.G. Diploma courses, they were asked to execute a bond under which inter alia one of the important condition is that, these students after completing either the P.G. Degree courses or P.G. Diploma courses have to serve for the Government/Government Institutions/Hospitals for a period of two years https://www.mhc.tn.gov.in/judis 3/19 W.P. No.26461 of 2022 etc. batch after they successfully completed their respective P.G. Degree courses or P.G. Diploma courses as the case may be.
4. Accordingly, these petitioners have completed their respective P.G. Degree courses or P.G. Diploma courses in 2022, except in one case in W.P.No.27467 of 2022 where she completed in 2020, in other words, all these petitioners have successfully completed their respective P.G. Degree courses or P.G. Diploma courses as the case may be on or before 31st May 2022.
5. Even though they completed the P.G. courses successfully, and though they wanted to work for two years period their services have not been utilised by the respondents by offering any job to them to utilise their services for atleast two years period in order to comply with the bond condition that these petitioners would be utilised for two years in Government service.
6. Since no such offer had come from the respondents to utilise the services of the petitioners for two years of their completion of the P.G. Degree courses or P.G. Diploma courses, after the completion of the bond https://www.mhc.tn.gov.in/judis 4/19 W.P. No.26461 of 2022 etc. batch period, they would be free to go for any further option to secure a job in any other Hospitals, Institutions or even they can pursue further higher courses or super specialty courses.
7. However for the aforestated purpose, when they approached the respondents/institutions to get back the original certificates which they produced at the time of joining in P.G. Degree courses or P.G. Diploma courses, they refused to give original certificates pertaining to these petitioners on the simple reason that, since there has been a bond condition in the bond executed by each of the petitioners at the time of admission in P.G. Degree courses or P.G. Diploma courses, they should work for the Institution of Government for the period of 2 years and therefore for the period of two years, the petitioner would not be permitted to take back the original certificates.
8. Only against this stand taken by the respondents as they withheld the certificates belongs to the petitioners, these petitioners have approached this Court and filed this batch of writ petitions.
9. Heard Mr.Sharath Chandran, Mr.G.Sankaran, Mr.A.Mohamed https://www.mhc.tn.gov.in/judis 5/19 W.P. No.26461 of 2022 etc. batch Ismail and Mr.R.Arumugam, learned counsel appearing for the petitioners in respective writ petitions and Mr.U.M.Ravichandran, learned Special Government Pleader for the respondents 1, 2 & 4 and Mr.R.Imayavaramban, learned counsel appearing for the 3rd respondent.
10. The issue raised in this batch of writ petitions is no more res integra as number of orders on this line have already been passed similar to that of the petitioners based on the writ appeal order in W.A.No.799 of 2019 where the following orders have been passed:
“103. Our conclusions, therefore, are:
i.There is no material difference between the status of students occupying the State seats and All India Quota seats, in as much as they enjoy the educational facilities at par with each other, with the same subsidies and the same expenses being borne by the State Government.
ii.The conditions in the brochures for the years 2014~2015, 2015~2016 or the other brochures do not exempt the candidates of All India Quota seats from any condition of bond being executed by them and, therefore, the execution of the bonds voluntarily by such candidates will be presumed to be under the terms and conditions of the said brochures. iii.The concessions made by the State Government and the letters addressed in this regard, particularly the letter communication dated 17.7.2017, or the admissions referred to https://www.mhc.tn.gov.in/judis 6/19 W.P. No.26461 of 2022 etc. batch in paragraphs (62) to (64) of this judgment, cannot confer any benefit contrary to the terms and conditions of the brochures. iv.The intimation given under the Right to Information Act by the Central Government, as referred to in paragraph (65) of this judgment, cannot also absolve the All India Quota seat occupants from discharging their liability by the bonds which they have voluntarily filled up, and to which agreement the Central Government is not a party. Any such clarification issued does not come to the aid of the writ petitioners. v.The judgment of the Apex Court in the case of Association of Medical Superspeciality Aspirants and Residents and others (supra) lays down the law and, therefore, any judgment rendered by this Court previously to the contrary does not hold water and cannot be taken benefit of by the writ petitioners.
vi.The period of applicability of the conditions under the bond will be co~terminus with the period of two years from the date a candidate successfully passes out the course, as explained above, and would not continue beyond the same. vii.The candidates who have not been offered appointment within the period of two years would be entitled to release of their certificates accordingly.” (Emphasis supplied)
11. After having declared the law in respect of this issue, the First Bench also has passed the following order:
https://www.mhc.tn.gov.in/judis 7/19 W.P. No.26461 of 2022 etc. batch “104. We have, therefore, no option but to set aside the impugned judgment dated 1.10.2018, but with a direction that in the event the period of two years has passed by after the passing out of the candidates without any offer of employment, then, in that event, they are not bound by the terms of the bonds executed by them and are consequently entitled for return of certificates. It is further clarified that this period will have to be sorted out in respect of all the candidates together with the details of the offer of employment made to them. The State Government shall, accordingly, prepare a list of all such candidates within fifteen days from today and notify it with details, including the date of passing out; the status of the offer of employment or otherwise, as well as the date of expiry of two years, in order to avoid any confusion on this count.”
12. Relying upon this decision and also various other decisions following the aforestated one, the learned counsel appearing for the petitioners would canvass the point that, insofar as the candidates who have not completed the two years bond period, there are two options available before the authorities concerned, either to utilise their services for their bond period or to give back the certificates, however insofar as the other candidates, where the two years bond period is over, they have to https://www.mhc.tn.gov.in/judis 8/19 W.P. No.26461 of 2022 etc. batch necessarily give back the certificates because, as per the law declared by this Court in the judgment cited supra the period of applicability of the conditions under the bond will be coterminous with the period of two years from the date a candidate successfully passes out the course.
13. Therefore, the learned counsel appearing for the petitioners seeks indulgence of this Court to give suitable direction to the respondents to give back the original certificates which are withheld by the respondents to the respective petitioners forthwith.
14. Mr.U.M.Ravichandran, learned Special Government Pleader appearing for the respondents, by relying upon the written instructions given by the respondents as well as the Government Order in G.O.(Ms)No.185 Health and Family Welfare (MCA-1) Department dated 13.04.2022 would submit that, there are four category of cases under which some of the cases during the bond period of two years no posting orders could have been given for want of vacancy, in those cases they can get the certificates and in respect of other three categories i.e. those who are received posting orders but not joined in the posted place or the non https://www.mhc.tn.gov.in/judis 9/19 W.P. No.26461 of 2022 etc. batch service post graduates called for counseling but not attended the counseling and also the non service post graduates called for counseling but opted out without taking postings even though there were vacancies. These are all the categories under which these petitioners can be categorised. Therefore, insofar as the petitioners in whose bond period is over within which no offer of appointment has been given to those candidates, the respondents can give back their certificates and they are free to go.
15. Insofar as the other three categories are concerned, either they have to serve for the bond period or to give an undertaking to the respondents that for the bond period or the remaining bond period, they would be ready and willing to serve to the respondents in case of emergency that arise in future and in that case they would be called for to serve. Therefore, if an undertaking to that effect is given even in respect of those petitioners, the certificates would be given to them.
16. In support of his contention, he relied upon the written instructions given by the Director of Medical Education dated 13.10.2022 https://www.mhc.tn.gov.in/judis 10/19 W.P. No.26461 of 2022 etc. batch which reads thus:
“General Instructions with regard to return of original certificates I.Non Service Post Graduate candidates who have completed their PG courses in the year 2020
1. If no Posting orders have been issued to the Non Service Post Graduates due to non availability of vacancy in the counseling, then their certificates may be returned.
2.The following Non Service Post Graduates have to pay the Bond amount in order to get their Original Certificates:
I) Those who were issued posting orders but not joined in the posted place
ii) The Non Service Post Graduates called for counseling but not attended the counseling.
iii) The Non Service Post Graduates called for counseling but opted out without taking postings even though there were vacancies.
II. Non Service Post Graduate candidates who have completed their PG courses in the year 2021 & 2022
1. If no Posting orders have been issued to the Non Service Post Graduates due to non availability of vacancy in the counseling, then their certificates may be returned after obtaining undertaking that they will offer their services, if they are called during their bond period (2 years) in Emergency situation in Health Department.
https://www.mhc.tn.gov.in/judis 11/19 W.P. No.26461 of 2022 etc. batch
2. The following Non Service Post Graduates have to do Bond Service or pay the Bond amount in order to get their original certificates I) Those who were issued posting orders but not joined in the posted place
ii) The Non Service Post Graduates called for counseling but not attended the counseling.
iii) The Non Service Post Graduates called for counseling but opted out without taking postings even though there were vacancies.
For Director of Medical Education”
17. Mr.G.Sankaran, learned counsel appearing for the petitioner in W.P.No.27467 of 2022 would contend that, in respect of this petitioner though she completed the course in 2020 and the two years bond period would be upto 2022, within the said period even though offer of appointment was given, at that time the petitioner could not respond to the same, because the petitioner was in maternity leave for one year. Therefore after completing the maternity leave, the petitioner herself had come forward to make an offer to serve in the bond period but so far i.e. till the completion of two years bond period, no such offer was made by the respondents.
https://www.mhc.tn.gov.in/judis 12/19 W.P. No.26461 of 2022 etc. batch
18. Insofar as W.P.Nos.27248 & 27249 of 2022 are concerned, the bond period already over, within the bond period except the covid-19 duty, no other duty was offered to the petitioners, the learned counsel contended.
19. Insofar as W.P.No.27180 & 27181 of 2022 and other writ petitions in this batch of cases are concerned, the bond period of two years is yet to be over because they completed the course only in 2022.
20. The learned counsel appearing for the petitioners in the remaining cases would contend that, all these petitioners are ready and willing to give an undertaking before the respondents that they would serve whenever they are called for subject to their joining in any other course at the time of emergency for the remaining bond period and with that undertaking, now the certificates pertaining to these petitioners can be directed to be given back, they contended.
21. I have considered these rival submissions made by the learned https://www.mhc.tn.gov.in/judis 13/19 W.P. No.26461 of 2022 etc. batch counsel appearing for the parties and have perused the materials placed before this Court.
22. As has been rightly pointed out by the learned counsel appearing for the petitioners which could not be controverted by the learned Special Government Pleader for the respondents that, the issue raised in these writ petitions is no more res integra as in the Division Bench judgment in W.A.No.799 of 2021 dated 06.10.2022, the Division Bench has concluded this issue.
23. The Division Bench in fact has held that the bond period is coterminous with the candidates concerned, 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 respondents, 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. Suppose in some cases if the bond period is not completed, even though the petitioners are ready and willing to work since there has been no offer https://www.mhc.tn.gov.in/judis 14/19 W.P. No.26461 of 2022 etc. batch given as of now by the respondents, the petitioners cannot be clutched and they cannot be kept idle without joining in any other course or in any other job opportunity and therefore, the Government i.e. the respondents themselves have come forward to make the offer that within the bond period if they want to take back the certificates and if they come forward to give an undertaking that whenever they are called for an emergency they would come back and serve for the bond period their certificates can be given back. The petitioners also since have agreed upon to give such an undertaking, this Court having taken note of all these aspects is inclined to dispose of these writ petitions with the following orders:
(i) That there shall be a direction to the respondents in all these writ petitions to consider the request made by each of the petitioners with regard to the returning back of the original certificates which are held by the respondents as they have been given by the respective petitioners at the time they joined in the respective P.G. Degree courses or P.G. Diploma courses and return back those certificates, in respect of the petitioners who completed the two years bond period as of now, forthwith i.e. within a period of two weeks https://www.mhc.tn.gov.in/judis 15/19 W.P. No.26461 of 2022 etc. batch from the date of receipt of a copy of this order.
(ii) Insofar as W.P.No.27467 of 2022 is concerned, since for a period of one year the petitioner had been in maternity leave and despite the offer made in this regard by the respondents, the petitioner could not serve because of the maternity leave and now the petitioner has come forward to give an undertaking that maternity leave period of one year taken by the petitioner would be compensated by serving the respondent institution if such offer is given in future in case of emergency. Therefore, with that condition to give undertaking the petitioner is entitled to get back the certificates.
(iii) Insofar as the W.P.No.27248 & 27249 of 2022 are concerned, since the bond period are over, within the bond period only covid-19 duty were offered to them and no regular duty has been given or posting or appointments are given, these petitioners in the said two writ petitions are free to get their certificates and the certificates belong to them shall be returned back by the respondents without any https://www.mhc.tn.gov.in/judis 16/19 W.P. No.26461 of 2022 etc. batch further conditions.
(iv) Insofar as all other writ petitions are concerned, since the bond period having not over as they have completed the P.G. Degree Courses only in 2022, after getting written undertaking to that effect as desired by the respondents from each of the petitioners that they would be ready to serve to the respondents/institutions/State Government when they are called for due to emergency in future and with these undertaking obtained from these petitioners individually, the respondents shall release the certificates belongs to these petitioners. The needful shall be undertaken by the respondents after getting these undertaking from the petitioners within one week thereafter.
24. With these directions, all these Writ Petitions are disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
17.10.2022 https://www.mhc.tn.gov.in/judis 17/19 W.P. No.26461 of 2022 etc. batch Index : Yes/No Speaking order : Yes/No Note : Issue order copy on 19.10.2022 Sgl/sp To
1.The Principal Secretary, State of Tamil Nadu, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai – 600 009.
2.The Deputy Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai – 600 010.
3.The Registrar, The Tamil Nadu Dr. M.G.R. Medical University, 69, Anna Salai, Guindy, Chennai – 600 032.
4.The Dean, Madras Medical College, EVR Periyar Salai, Park Town, Chennai.
R.SURESH KUMAR, J.
Sgl W.P.No.26461 of 2022 etc. batch https://www.mhc.tn.gov.in/judis 18/19 W.P. No.26461 of 2022 etc. batch 17.10.2022 https://www.mhc.tn.gov.in/judis 19/19