Bond obligations end with the prescribed service period: HC relief to Gastroenterologist
Madras High Court
Chennai: Reiterating that the bond obligation was co-terminus with the prescribed service period and could not be extended beyond it, the Madras High Court bench recently granted relief to a Gastroenterologist by directing the Madras Medical College to return his original certificates, which were withheld by the institute on account of the incomplete bond service.
The HC bench comprising Justice N. Mala granted relief to the petitioner after noting that the doctor completed the course in January 2024, and as per the bond conditions, the one-year period had already lapsed.
Filing the plea, the doctor urged the Court to issue directions to the Tamil Nadu Government, Directorate of Medical Education, Directorate of Medical and Rural Health Services, Directorate of Public Health and Preventive Medicine, and Madras Medical College to treat the petitioner's two-year compulsory bond period as completed, and consequently direct medical college to return the petitioner's original certificates and documents collected while admitting the petitioner to the Super Specialty degree course along with his super specialty degree certificates.
The petitioner secured admission to the Super Speciality course- DM Medical Gastroenterology in Madras Medical College. Being a non-service Doctor, the petitioner was obligated to execute a bond for a sum of Rs 50 lakh with an undertaking to serve the Government for two years on completion of the course. After the completion of the degree, the petitioner attended the counselling conducted by the authorities on 23.01.2024, but did not opt for posting.
In his plea, he submitted that he was under the bonafide impression that the postings offered during the counselling were for a tenure of one year and eleven months and as numerous similarly place Doctors, who had completed their Super Specialty and Post Graduate courses, were granted relief by the High Court, exempting them from bond service, given the services rendered by them during the COVID-19 period, including during their academic study, the petitioner's COVID-19 duty would also be duly adjusted towards the total period of bond service mandated.
The petitioner submitted that he rendered uninterrupted COVID duty from January 2021 to July 2022 and was issued a certificate in confirmation of the same. Subsequently, the petitioner was selected and offered the post of Assistant Professor in Medical Gastroenterology at the State Cancer Institute, Kurnool, in accordance with proceedings dated 07.02.2024.
For this, the petitioner was required to report and join duty at the State Cancer Institute, Kurnool, by submitting his original certificates and documents to the Head of the said Institute. Despite the petitioner's previous COVID service, the authorities allegedly declined to return his original certificates and documents, citing that the compulsory bond period was not yet completed. Consequently, the petitioner approached the HC bench seeking relief.
After considering the submissions by both parties, the HC bench noted that admittedly, the petitioner completed the Super Speciality Course in DM, Medical Gastroenterology from the medical college as early as January 2024. After the completion of the said course, the petitioner was not offered any posting by the Government.
"Though the original Bond service was for a period of 2 years the same was reduced to one year by the Government, in G.O.(Ms).No.49, Health and Family Welfare (MCA-1) Department, dated 28.02.2024. Even after the reduction of the period of bond service, the respondents did not issue any compulsory posting order. Hence the petitioner approached the respondents to return his original certificates and documents, but the same was refused by the respondents. It is seen that the petitioner served for more than 1 ½ years during the COVID period, while undergoing the Super Specialty Course and whereas similarly placed Doctors were relieved from the bond service, in view of the services rendered by them during the COVID period, the petitioner was not extended the same benefit," noted the Court.
At the outset, the Court noted that the Division Bench of the Madras High Court had held in the case of State of Tamil Nadu Vs. P.S.Sriram and Ors., that bond obligation was co-terminus with the prescribed service period and could not be extended beyond it.
The Court noted that, admittedly, the petitioner completed the course in January 2024, and as per the bond conditions, the one-year period had already lapsed. Accordingly, granting relief to the petitioner, the bench observed, "Admittedly the petitioner completed the course in January 2024, and as per the bond conditions, the one year period already lapsed and therefore, I am inclined to issue the mandamus prayed for."
Consequently, the Court directed MMC to return the petitioner's original certificates and documents and ordered, "The fifth respondent is directed to return the petitioner's original certificates and documents along with his Super Specialty Degree Certificate, within a period of four weeks from the date of receipt of a copy of this order."
"Accordingly, this writ petition is allowed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed," ordered the bench.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/gastroenterology-bond-service-madras-hc-284563.pdf
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