Justice P D Audikesavalu disposed of the petition directing the authorities to issue posting order after the petitioner reports for duty on completing his higher studies.

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Docs can pursue higher studies on giving bank surety

Kaushik Kannan | TNN | Jun 8, 2020, 04:06 IST

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Madurai: The state government has informed Madras high court that it had passed a GO recently permitting medical practitioners who have not completed the period of compulsory service as per the bond executed, to pursue higher studies after obtaining bank guarantee equivalent to the bond amount.

The court was hearing a petition filed by K Gautham, who had completed MBBS in 2013 and was selected for diploma in Ophthalmology at Madurai Medical College under all India quota in May 2017. Though he had executed a bond to serve the state for two years after this course, he did not join duty on being posted as assistant surgeon after completing his course in 2019.

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In mean time, he qualified for DNB (post diploma) with all India merit position and sought his certificates back to pursue the course and executed a bond for Rs 20lakh undertaking that he would complete the compulsory service after higher studies. The court had earlier directed the dean to return his original certificates stating that the authorities could encash the bond amount if the petitioner fails to join duty after the course.

During the course of hearing, the state informed that a GO has been passed by the health and family welfare department to permit medical practitioners who have not completed the period of compulsory service to pursue further studies after they furnish bank guarantee equivalent to the bond amount for the period of course of higher studies. After executing the bank guarantee, the original documents would be returned for that limited period on the understanding that they would re-submit them on reporting for duty and complete the required period of compulsory service.

Taking cognizance of the GO and the fact that the certificates were returned to Gautham, Justice P D Audikesavalu disposed of the petition directing the authorities to issue posting order after the petitioner reports for duty on completing his higher studies.

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