IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED  : 29.09.2022

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

W.P. No.26472 of 2022 and W.M.P.No.25535 of 2022 and

W.P.Nos.19196 & 24016 of 2022 and

W.P.No.21219 of 2022 and W.M.P.Nos.20200 & 20201 of 2022

W.P.No.21682 of 2022 and W.M.P.No.20724 of 2022

W.P.No.21907 of 2022 and W.M.P.Nos.20936 & 20937 of 2022 W.P.Nos.25246, 25248, 25257, 25258 of 2022

W.P.No.25282 of 2022 and W.M.P.Nos.24244 & 24246 of 2022 W.P.No.25592, 25595 & 25599 of 2022 and

W.P.No.25759 of 2022 and W.M.P.No.24818 & 24819 of 2022

W.P.No.24784 of 2022:

1.Dr.Arunkumar N.R.

2.Dr.V.S.Subodh

3.Dr.Mohamed Fayiz P.T.                           … Petitioners

Vs.

1.The State of Tamil Nadu,

Represented by its Principal Secretary,    Health and Family Department,    Secretariat, Chennai – 600 009.

2.Directorate of Medical Education,

Represented by the Director of Medical Education,    Kilpauk, Chennai – 600 010.

3.Coimbatore Medical College,

Represented by its Dean,

Avinashi Rd, Peelamedu,

Civil Aerodrome Post, Coimbatore,

Tamil Nadu 641 018.                                                                          … Respondents

 

PRAYER : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to return the original certificates of the petitioners collected by the 3^rd respondent at the time of their admission.

For Petitioners         : Mr.E.Manoharan

[in WP.No.26472/2022]

: Mr.R.Arumugam

[inWP.Nos.19196 & 24016/2022]

: Mr.Suhrith Parthasarathy

[in W.P.Nos.21219, 25282, 21907 &

25759/2022]

: Mr. K.Thilageswaran

[in WP.No.21682/2022]

: Mr.Sharath Chandran

[in WP.Nos.25592, 25595, 25599,

25246, 25248, 25257 & 25258/2022]

For Respondents       : Mrs.Stalin Abhimanyu

Additional Government Pleader

  COMMON   O R D E R

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 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 from the year 2018 to 2020

May, 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 31^st May 2020.

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 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.E.Manoharan, Mr.R.Arumugam, Mr.Suhrith Parthasarathy, K.Thilageswaran and Mr.Sharath Chandran, learned counsel appearing for the petitioners in respective writ petitions and Mr.Stalin Abhimanyu, learned Additional Government Pleader appearing for the respondents.
10. The issue raised in this batch of writ petitions in fact is nomore res integra as a batch of similar writ petitions had been considered and heard along with Writ Appeal No.799 of 2019 by the First Bench of this Court and those cases were disposed of by orders dated 06.10.2020. In the said batch of writ petitions, in the common order passed by the First Bench dated 06.10.2020 of this Court, the following principles have been culled out and declared.

“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 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:

“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 like the petitioners, where the two years bond period is over, they have to 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 co–terminus 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. Heard Mr.Stalin Abhimanyu, learned Additional Government Pleader appearing for the respondents who would submit that, as per the bond condition, they are liable to serve to the Government or Government Institution for a period of two years. Whether the two years period properly was utilised by the respondents by offering the job to them is a question in this case, where, due to the Covid-19 situation from March 2020 till recently since there has been lot of confusions, the services of the petitioners would not have been utilised properly however that would not confer any right on them to violate the bond conditions. Any how since the law has been declared by this Court as per the First

Bench judgment referred to above, where, it has been declared that the period of applicability of the conditions under the bond will be coterminus with the period of two years from the date a candidate successfully passes out the course, a suitable orders can be passed only in respect of those who completed the two years bond period after successful completion of their respective P.G. Degree courses or P.G. Diploma courses and not for others.

15. I have considered the said rival submissions made by the learned counsel appearing for the parties and have perused the materials placed before this Court.
16. Insofar as the legal position is concerned on the issue raised in these writ petitions, as has been rightly pointed out by the learned counsel for the petitioners, it cannot be disputed by the respondents side also that it is no more res integra.
17. The Court has already declared that, 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.
18. Here in the case in hand, admittedly these petitioners have completed their course from 2018 to 2020 May. It means after May 2020 no student has got any reminder or remaining period as bond period to serve to the Government or Government Institutions. Therefore, in respect of all these cases, the bond conditions or bond period as a co-terminus one has already completed or terminated, therefore this Court feels that as of now these petitioners are free to get their certificates to pursue their further courses or employment opportunities elsewhere. Therefore this Court feels that the prayer sought for in these writ petitions, the petitioners would be entitled to get it.
19. In that view of the matter, this Court 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,

after verifying whether each of the petitioners has completed the two years bond period as of now, forthwith

i.e. within a period of two weeks from the date of receipt of a copy of this order.

• It is made clear that, if any one of the petitioner has not completed the two years bond period as of now, it is open to the respondents to utilise the service of such candidate alone for the remaining period by offering any job in Government Hospital or Institutions as the case may be.
• It is further made clear that, in respect of any of these writ petitioners have they been offered any job or service by way of giving call letter or appointment orders or posting orders, despite having receipt of the same from the respondents, if those candidates/petitioners did not join to serve to the Government or Government Institutions during the bond period, in respect of those candidates, the conditions imposed herein above for returning back the certificates is not applicable.
• It is further made clear that, in respect ofW.P.No.21219 of 2022, except the 6^th petitioner, all other petitioners in that writ petition in fact executed the bond for 5 years since they have completed the P.G. Degree course in Radiology, the usual condition in the bond is for 5 years period and though they executed the bond and after completing the P.G. Degree course, 2 years have gone by, however the remaining 3 years period alone is available. In respect of this remaining 3 years period, if at all the respondents want to utilise the service of these petitioners alone, it is open to the respondents to offer such job to these petitioners for utilising their services only for the remaining period of 3 years.
• Insofar as the petitioner in W.P.No.24016 of 2022 is concerned, since the petitioner wants to pursue his further higher degree course viz., P.G. Diploma course (Anesthesia) for which counselling is going to start from 30.09.2022 and before 08.10.2022 it should be completed, the decision as indicated above shall be made in respect of this petitioner alone by the respondents on or before

03.10.2022 and communicate the same to the petitioner immediately. In respect of other writ petitions, the direction already given herein before would be applicable.

20. With these directions and observations, all these Writ Petitions are ordered accordingly. However, there shall be no order as to costs.

Consequently, connected miscellaneous petitions are closed.

29.09.2022

Index : Yes

Speaking Order: Yes

Note : Issue order copy on 30.09.2022.

Sgl

To

1.The Secretary,

Union of India,

Ministry of Education,

122-C, Shastri Bhavan,    New Delhi – 110 001.

2.The National Testing Agency,    Ministry of Education,

Department of Higher Education,

C-20 1A/8, IITK Outreach Centre,    Sector – 62, Noida,    Uttar Pradesh – 201 309.

3.National Medical Commission,

(Undergraduate)

Pocket-14, Sector-8,

Dwarka, Phase-1, New Delhi – 110 077.

4.The Principal Secretary    to Government of Tamil Nadu,

Health and Family Welfare (MCA.1) Department,    Government of Tamil Nadu,    Fort St. George, Chennai.

5.The Secretary,

Selection Committee,

Directorate of Medical Education,

162, Periyar E.V.R.,

High Road, Kilpauk,    Chennai – 600 010.

R.SURESH KUMAR, J.

Sgl

W.P. No.26472 of 2022 etc. batch

29.09.2022