HC comes to rescue of doctor whose MD Medicine degree certificate withheld due to incomplete bond service

Chennai: Noting that a posting was not issued within the two-year bond period, the Madras High Court bench recently granted relief to a doctor, whose Post Graduate Degree Certificate was retained by Madras Medical College due to the incomplete bond service liability.

The HC bench comprising Justice N Mala directed the Dean of Madras Medical College to return the Post Graduate Degree Certificate in MD General Medicine to the petitioner within four weeks.

Filing the plea, the petitioner sought direction upon the authorities including the Director of Medical Education, the Dean of Madras Medical College and the Directorate of Public Health and Preventive Medicine to issue the Post Graduate Degree Certificate to the petitioner for the MD General Medicine course completed by her in Madras Medical College in May 2019.

The petitioner was admitted to the MD General Medicine Course in Madras Medical College in the year 2016. At the time of joining the course, she executed a bond with an undertaking that she would serve the Tamil Nadu Government for two years, and she also submitted her original certificates to the authorities. Consequently, the petitioner completed the Post-Graduation course in May 2019 and was awaiting the bond service posting orders. However, the petitioner claimed that to date she had not received any posting orders.

Also Read: Delhi Medical Students Hit with Mandatory Bond Service, Doctors Demand Rollback

Since there was a long delay in getting the posting orders, the petitioner appeared for the JIPMER Super Speciality Examination, got selected and was allotted the Super Speciality Course in DM Clinical Immunology on 17.12.2019. As the petitioner was required to report to the allotted Medical College, along with the original certificates, she approached the authorities for the return of her original certificates.

On instruction from the authorities, the petitioner submitted an undertaking affidavit to Madras Medical College stating that she would undergo the bond service after completing the Super Speciality Course and received her original certificates. Consequently, she joined the Super Speciality Course at JIPMER Puducherry on 01.01.2020.

However, she was shocked to receive the posting orders on 24.12.2020, even though the authorities were well aware that the petitioner was pursuing her Super Speciality Course.

Following this, the petitioner completed the Super Speciality Course in December 2022 and thereafter approached the Madras Medical College and the Directorate of Public Health and Preventive Medicine for posting orders to render the bond service. However, she claimed that she was not issued any posting orders to date.

According to the petitioner, since the bond service period was two years, it lapsed and became infructuous and therefore, the petitioner was entitled to return her Post Graduation Certificate.

She stated that the act of the authorities in retaining the petitioner's Post-Graduation Degree Certificate violated her Fundamental Right to Education and livelihood, guaranteed under the Constitution of India. She stated that she was not able to pursue her profession because of the retention of her certificates by the authorities.

On the other hand, Madras Medical College claimed that the petitioner's original certificates were released in lieu of the undertaking given by her and the college was entitled to retain the documents as per the bond conditions.

The authorities submitted that on receipt of the original certificates, the bond period would be suspended. They further stated that as the bond period was under suspension, the petitioner was bound to return the certificates, get the posting orders, and complete the bond service.

Regarding the delay in issuing the posting orders, the authorities argued that the petitioner completed her Super Speciality Course in DM Clinical Immunology in December 2022. However, she failed to submit the original certificates to the office to enable the authorities to issue the posting orders. The counsel for the authorities contended that the delay in issuing the posting orders was attributable to the petitioner, who failed to surrender the certificates to the authorities on completion of the Super Speciality course.

Referring to the Government Order dated 13.04.2020, the authorities further argued that for the students joining other State or Private Self-Financing and Deemed Universities, the original certificates would be returned only after furnishing the Bank Guarantee. The counsel submitted that till the petitioner returned her certificate, the bond period would be under suspension, and therefore, the petitioner was bound to return the certificate, take posting orders and complete the bond service as per the undertaking affidavit submitted by her. Therefore, the authorities argued that there were no merits in the plea and it deserved to be dismissed.

While considering the matter, the Court noted that the fact that the petitioner approached the authorities soon after completing her super-speciality course and requested posting orders had not been specifically denied by the authorities in the counter-affidavit.

At this outset, the bench observed,

"There is a general denial in the counter as regards all averments made in the affidavit. The petitioner having made a factual assertion/ allegation that she approached the respondents soon after the completion of the Super Speciality course, the respondents were bound to specifically deny the same, if it was an incorrect statement. In the absence of specific denial of the factual averment, I am of the view that the petitioner's statement that she approached the respondents for posting orders soon after the completion of Super Speciality course, requires consideration. Therefore the contention of the respondents that as she did not submit her certificate, the posting orders could not be issued cannot be countenanced."

"It is trite in law that a mere denial for the sake of denial is not an answer to specific averment / allegations. As there is no denial of the factual averment of the petitioners, the contention now raised that the bond period is deemed to suspended, as the petitioner did not surrender her certificates soon after completion of the course, in my view, is purely an afterthought. The facts reveal that there was a lapse on the part of the respondents in issuing the posting orders within time and therefore the contention of the petitioner that she was entitled to return of the certificate as the bond service lapsed deserves merit consideration," it further noted.

Relying on a previous order of the High Court, the bench reiterated that the period of two years of bond service had to be reckoned from the date of completion of the course by the candidate as stipulated in the bond and if the State failed to provide any employment within two years from the date of passing out, "on the expiry of the period of two years, the bond would be rendered infructuous and the certificates would have to be returned to the candidates."

Noting that in this case also, the petitioner was not issued the posting orders within the bond period, the bench opined that the previous order of the High Court would apply in this case.

Accordingly, granting relief to the petitioner, the bench directed the authorities to return the petitioner her Post Graduate Degree Certificate in MD General Medicine.

"In view of the above discussions, the writ petition is allowed. The respondents are directed to issue the Post Graduation Degree Certificate, in M.D. General Medicine, to the petitioner which she completed in the third respondent college, in the year 2019, within a period of four weeks from the date of receipt of a copy of this order," it ordered.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/immunology-madras-hc-bond-284776.pdf

Earlier, 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 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.

Also Read: Bond obligations end with the prescribed service period: HC relief to Gastroenterologist