No Bond Service Posting in 4 Years- Madras HC orders medical college to Return MCh Doctor's Documents
Madras High Court
Chennai: Holding that any posting order as per the bond conditions was not issued within the stipulated two-year period, the Madras High Court recently granted bond service relief to a doctor and asked the Madras Medical College authorities to return his original documents.
The HC bench, comprising Justice N. Mala, issued these directions after noting that the petitioner was not issued with the bond service posting order even after the lapse of four years.
"...as the bond period has long lapsed, in my view, the respondents are bound to return the petitioners original certificates," it observed.
"In view of the above discussions, a direction is issued to the 4 th respondent to return the petitioners original certificates, which were produced by the petitioner at the time of his joining in Post Graduate Higher Speciality Qualification of Master of Chirurgiae, in Plastic and Reconstructive Surgery, within a period of four(4) weeks from the date of receipt of a copy of this order," it further ordered.
Filing the plea, the petitioner sought directions to the authorities including the Madras Medical College authorities to consider his representation and return all the Original Certificates, which were produced by the petitioner to the authorities at the time of his joining the Post Graduate Higher Speciality Qualification of Master of Chirurgiae in Plastic and Reconstructive Surgery Course in August 2017 at Madras Medical College, Chennai.
The petitioner completed his MBBS in November 2010 in the Armed Forces Medical College, affiliated with the Maharashtra University of Health Sciences. Thereafter, he obtained DNB for General Surgery through the National Board of Examinations, New Delhi. Then, the doctor also obtained an MS in General Surgery in June 2016 from the Kerala University of Health Sciences at Thrissur, Kerala, and thereafter in August, 2017, he joined a Super Speciality Course of Doctor of Chirurgiae (MCh) in Plastic and Reconstructive Surgery in Madras Medical College, Chennai. After completing the said course in December 2020, the petitioner obtained the professional degree from Dr. M.G.R. Medical University on 14.12.2020.
In his plea before the HC bench, he submitted that he belonged to the Non-Service Post Graduate (Higher Speciality) of the year 2020 from the State of Tamil Nadu. He further stated that some of his colleagues were issued call letters for counselling on 15.12.2021 for 79 Higher Speciality Non-Service Post Graduates of 2020-2021 batches, but the petitioner was not issued with the same.
He contended that he was given to understand that there was no post vacant in the Post Graduate Higher Speciality Qualification of Master of Chirurgiae (M.Ch), therefore, he was not offered a posting, though he was ready to comply with the Bond condition. He submitted that though he completed the Super Speciality Course as early as 2020, till date, no posting order was issued to him.
Relying on the HC Division bench's order, the petitioner argued that since the bond period had lapsed, he was entitled to the return of his original certificates. He also stated that even though he submitted a representation in this regard on 08.03.2025, no action was taken, and therefore, he had no choice but to file the plea.
Taking note of these submissions, the HC bench observed,
"The facts are undisputed, the petitioner completed his Super Speciality Course of Master of Chirurgiae (M.Ch) from Dr. M.G.R Medical University in 2020. The petitioner was not issued with any posting order as per the bond conditions within the two year period."
"The Hon'ble Division Bench in W.A.No.799 of 2021 has categorically held that the bond period is coterminous with the candidates concerned and therefore if within the bond period of 2 years no offer of employment is issued for whatever reason by the Government, then the candidates cannot be clutched for any further period and hence entitled for return of their certificates," it further observed.
Further the Court opined that "assuming that the petitioner did not participate in the counselling conducted on 03.12.2021, nothing prevented the respondents from issuing the compulsory posting orders."
Therefore, noting that the petitioner was not issued with a bond service posting order even after the lapse of four years, the HC bench granted him relief and asked the Madras Medical College authorities to return all his original documents.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/madras-hc-bond-service-liability-282808.pdf
