HC denies relief to Super-Speciality medicos seeking extension to join Bond Service

Chennai: The Madras High Court bench recently denied granting relief to two doctors who sought an extension of the deadline to join Government service due to their pending super speciality medical courses.

One of the doctors would complete the D.M. Neonatology course on 23.05.2025, and the other would complete the M.Ch Vascular Course on 17.04.2025- both from the Madras Medical College. Since the posting order for the post of Assistant Surgeon (General) was issued on 25.02.2025 by the Director of Public Health and Preventive Medicine, the doctors sought an extension of the deadline to join their duties.

However, the HC bench comprising Justice C.V. Karthikeyan observed that such an extension could only be granted under exceptional circumstances. With this observation, the Court denied granting relief to the doctors.

After completing his MBBS degree, the 1st petitioner joined the PG course at Government Medical College, Mysore and completed the same in May 2019. Thereafter, he joined the Super Speciality course of DM Neonatology in the Madras Medical College in the academic year 2021, which is still pending and will be completed on 23.05.2025. He had also executed a bond of Rs 50 lakhs, giving an undertaking that he would not forego the study. Later, the amount of the bond was reduced to Rs 25 lakhs. He prayed to the Court to extend the date of joining duty till 23.05.2025.

Meanwhile, the 2nd petitioner, after completing his MBBS, joined a PG course in Madurai Medical College, Madurai and completed it in May 2021. Subsequently, he joined a Super Speciality Course in M.Ch Vascular Surgery at Madras Medical College for the academic year 2021. He had also given a bond for Rs 25/- Lakhs undertaking that he would not forego the study. His course will be completed on 17.04.2025; he has prayed for permission to join duty after 17.04.2025.

The petitioners' counsel relied on the order of a learned Single Judge of Madurai Bench, where by the order dated 11.03.2025, a learned Single Judge had interpreted the proviso to Section 7(5) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and had granted such an extension for the petitioners.

Section 7(5) of the Act states that "If an approved candidate selected by the Commission for appointment by direct recruitment fails to join duty ordinarily within three months from the date of receipt of the orders directing him to join duty or within an earlier date, if so specified by the appointing authority in special circumstances, he shall forfeit his right for appointment to the post and his name shall be removed from the approve list: Provided that in special circumstances, the appointing authority may extend the time-limit referred to in this sub-section up to six months for valid reasons: Provided further that in exceptional circumstances, if any candidate is allowed to join duty beyond the time-limit of six months, his seniority in that post shall be fixed below the junior most candidate appointed to that post in that service on the date of his joining duty."

The Court noted that the proviso gives a small window to the appointing authority to extend the time limit by a period of six months for valid reasons. It had also been stated that such an extension can only be granted under special circumstances.

"Therefore, two separate factors arise namely, special circumstances and valid reasons. The reasons could be the one advanced by the petitioners, in this case, and the circumstances should also be pleaded by the petitioners. Both the petitioners claim that the special circumstances are their ongoing study in super speciality courses which they joined even prior to the notification issued. Any special circumstance should be one, which had arisen after the issuance of notification, which places a bar and disenables them from joining duty on the notified date. If an untoward incident or any unforeseen circumstance had so arisen, then the petitioners can place reliance on the proviso to Section 7(5) of the Act," the HC bench noted at this outset.

Observing that the main object of the Act under Section 7(5) and the proviso is only an exception circumstance granted to extend the time period, the HC bench noted, "The learned Single Judge had not, unfortunately, examined this particular fact, whether the proviso could be applied even to a circumstance which prevailed even before the issuance of notification or whether it should be interpreted as only arising after the issuance of notification. There has been no discussion on that particular fact."

Accordingly, denying relief to the doctors, the Court observed,

"Therefore, to that extent, that particular order is to be declared as per incurium and I am not inclined to follow the same and I am not inclined to grant the relief sought by the writ petitioners."

With this observation, the HC bench also dismissed connected plea and noted, "In view of the above observations, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed."

Medical Dialogues had earlier reported that recently in a similar case, the Madras High Court denied to grant relief to a doctor who sought an extension of the deadline to join Government Service by six months to complete her postgraduate medical studies as the court held that the reasons for seeking the extension of deadline was neither valid nor could be categorised as a special circumstance.

The bench also observed that the doctor's appeal could be viewed as "suppression of a fact and deliberate attempt at preventing an opportunity being granted to yet another candidate, who would be very much willing to join Rural Health Service in any nook and corner of the State and serve the poor people of the State."

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/madras-hc-extension-of-deadline--282802.pdf

Also Read: Madras HC Denies Relief to Doctor seeking Extension to Join Govt Service for PG Studies