Madras High Court
Dr.S.P.Maharajan vs State Of Tamil Nadu on 20 November, 2008
Author: K.Chandru
Bench: K.Chandru
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 20.11.2008
Coram:
The Honourable Mr.Justice K.CHANDRU
W.P.Nos.12885 to 12887, 12900 to 12921, 13687, 13836, 17203, 17425 of 2008
and M.P.Nos.1/08 in
W.P.12886, 12901 & 13836 of 2008
W.P.No.12885 of 2008:
Dr.S.P.Maharajan ... Petitioner
vs.
1. State of Tamil Nadu
rep. By its Secretary,
Health and Family Welfare Department,
Fort St. George, Chennai 9.
2. The Director,
Directorate of Medical Education,
Chennai 10.
3. The Dean
Stanley Medical College,
Chennai 1. ... Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus to direct the 3rd respondent herein to return the original certificates deposited by the petitioner at the time of admission of the course along with the course completion certificate, conduct certificate, provisional pass certificate and the degree/diploma certificate as requested in the letter dated 2.5.08.
For Petitioner : Mr.S.R.Rajagopal
For Respondents: Mr.A.Arumugam, SGP
COMMON ORDER
The petitioners are all Medical Practitioners. They have undergone Post Graduate Course in two Government Colleges. In these batch of writ petitions, the petitioners have undergone course either in the Government Stanley Medical College at Chennai or Government Rajaji Medical College at Madurai. They have also completed their Post Graduate Course.
2. On completion of the Post Graduate course, they requested the return of certificates, which were deposited at the time of joining the Post Graduate course as well as the certificate for completion of the course, provisional pass and decree certificates from the Dean of the respective medical colleges. There has been no reply from the respondents so far.
3. It is the apprehension of the petitioners that these certificates are retained without any authority and also for the alleged non compliance of the conditions stipulated in the prospectus at the time of joining as well as the conditions of bond executed by each of the petitioners.
4. The relevant para in the prospectus in this regard is found in paragraph 61 of the prospectus and it reads as follows:-
"61. The candidates serving in Undertakings or Organisations of Government of Tamil Nadu or Government of India in Tamil Nadu should execute an undertaking and bond to serve the Government for a period of 15 years or upto superannuation, after the completion of the course, and to this effect they should produce a certificate from the Head of the Institution at the time of admission".
5. The consequences violation of bond by non-service candidates is provided under paragraph 68(d) and it reads as follows:-
"68(d) Non-Service candidates shall execute a bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) on admission to Postgraduate Diploma Courses and Rs.3,00,000/- (Rupees three lakhs only) for Postgraduate Degree courses/MDS/M.Ch., (Neuro Surgery) 5 Years Course of the 2005-2006 session undertaking that they shall serve the Government of Tamil Nadu for a period of not less than 3 years, if required. During the above period, they will be paid a salary on par with the fresh recruits of the Government of Tamil Nadu Medical Services and the Government of Tamil Nadu will requisition their services, if required, within a period of 2 years from the date of completion of their Postgraduate Degree/Diploma/MDS/M.Ch., (Neuro Surgery) 5 years Course. Two permanent Government servants shall be sureties. The prescribed form of bond will be available in the colleges at the time of admission. The bond will become infructuous if he/she serves the State Government of Tamil Nadu if required for minimum period of 3 years".
6. It is the stand of the petitioners that they are willing to serve the Government if required. At present when advertisements were given and applications were called for in various Governmental posts, the said posts were filled up after due selections. As of now there is no work for the petitioners. In any event, even assuming that the prospectus has a role to play, such a condition is not incorporated in the undertaking given by the petitioners. A copy of the undertaking given by each of the petitioners is provided in the additional typed set. The following undertaking given by the petitioners may be usefully extracted below:= "Now, THEREFORE the obligor......... And 1........... surety and 2. ............... surety hereby agree that on the obligor .................... failing to serve within India (not necessarily in Government service) for a period of not less than fifteen years after completion of post Graduate Course, the said Obligor ....................or his/her legal heirs, executors and administrators shall forthwith pay to the Government on demand the said sum of Rs.3,00,000/- (Rupees three lakhs only) together with interest from the date of demand at the Government rate for the time being in force on Government loans".
7. In fact, what has been specified in the prospectus has been modified. This was done after realizing that the Government cannot offer employment to every person and the requirement is only to serve in India for a period of 15 years and it need not necessarily be in Government service. Each of the petitioners have also stated in the affidavit that they are willing to serve in India as per the bond executed by them.
8. Mr.S.R.Rajagopal, learned counsel appearing for the petitioners submitted that there is no condition in the bond providing for lien over their certificates and the submitted certificates are properties of the petitioners and that cannot be withheld by any authority, except with the consent of the petitioners. Further, there is no condition either in the bond or made in the prospectus that those certificates can be withheld as a condition precedent for executing other clauses of the bond. He also submitted that the respondents have complete address of all the petitioners including the address of their original native places and if any conditions of bond are violated at the maximum the respondents can only execute those conditions including claim for damages which are quantified in the bond through appropriate means. In the absence of the petitioners not violating any of the conditions of bond and in the absence of the respondents having any positive right to withhold those documents, it is rather unfortunate that the said authorities are trying to retain lien over such documents. By this, they are not allowing the petitioners to have any avenue to serve in any organization, which is not the intention for imparting studies to them with considerable amounts involving public funds.
9. Notice in all these writ petitions were served on the respective respondents. Inspite of the same, there has been no reply forthcoming from the side of the respondents. Since the petitioners are also having offers to serve in various places, these writ petitions cannot be kept pending for years together. The argument based on a Government Order permitting the retention of such certificates as a reason is neither authorised under law nor made as a condition precedent to enforce such conditions.
10. Under such circumstances, all the writ petitions will stand allowed. The respondents are directed to return the certificates/documents sought for by the petitioners individually by the respective Deans of the various Medical Colleges, within a period of two weeks from the date of receipt of a copy of this order. If the Deans of the respective Medical College come across any violation of the conditions of bond executed by each of the petitioners, it is open to him to enforce the terms of the bond in the manner known to law. However, there will be no order as to costs. Consequently, connected miscellaneous petitions are closed.
rg