Bond Service: HC relief to doctor seeking admission to DNB Ophthalmology course Post Diploma

The orders were passed by the bench of Honourable Justice P.D. Audikesavalu on the basis of the petition filed by Dr Gautham, who had completed his MBBS in the year 2013. He was selected for Diploma in Ophthalmology in Madurai Medical College under the All India Quota and in order to secure the seat, he had executed a bond to serve the State after completing the Diploma.

After the completion of the Diploma course last year 2019. Accordingly, he was posted as Assistant Surgeon but he did not join his sanctioned duty as per the terms agreed upon in the bond. Instead, he intended to pursue further studies in DNB Post Diploma. To gain admission, he also qualified with an All India Merit position in Ophthalmology.

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The bond rated at Rs 20 lakh which was deposited with the Registrar (Judicial) of the High Court Bench so that it could be encashed by authorities concerned if he failed to join duty after the completion of the course. Subsequently, on May 1st 2020, he moved the medical college management to return his original certifications so he could join the DNB course conducted by National Board of Examinations (NBE).

However, even after he deposited the bond penalty, the Dean did not respond to his request for the return of the original certificates. Hence, the medico approached the court seeking legal intervention in the matter.

In his petition, the doctor said that he wanted to advance his skills and would come back to serve the State after completing the course, reports The Hindu.

Considering the plea as valid, the bench observed that pursuant to an earlier direction of the court, the petitioner had deposited a bond amount of Rs 20lakh in favour of registrar (judicial) of the court.

"The deposit made by the petitioner was an adequate safeguard to ensure that if he failed to join duty after the course was completed, the authorities concerned could seek to encash it.

Hence, the judge directed the Dean to return the medico his certificates back. As quoted by TOI, the bench stated:

The Dean should forthwith return the original certificates underwritten acknowledgement for the limited purpose of pursing higher studies after receiving necessary proof of selection. An undertaking should also be obtained from him that after completing the said course, he would join duty and re-submit those documents

The compliance should be filed with the Registrar (Judicial) on May 20, the court said. The case was adjourned to May 28 for the state government to file a counter.