Doctors going for PG Medical without completing compulsory service can now do so with bank guarantee: TN Govt tells Court
Chennai: All those medicos, who have not completed the period of compulsory service as per the bond executed, and aspire to pursue higher studies in the state of Tamil Nadu; a respite has come forward.
A Government Order has been passed by the state authorities which allows medical practitioners who have not completed the period of compulsory service to pursue further studies after they furnish bank guarantee equivalent to the bond amount for the period of course of higher studies. After executing the bank guarantee, the original documents would be returned for that limited period on the understanding that they would re-submit them on reporting for duty and complete the required period of compulsory service.
The information was conferred by the Tamil Nadu government recently before 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.
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
Earlier, 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. Hence, the judge directed the Dean to return the medico his certificates back.
Now during the recent hearing, the state informed that a GO has been passed by the state Health and Family Welfare Department which clearly permits the medical practitioners, who have not yet completed the period of compulsory service under the bond executed by them to pursue higher studies on condition that they shall furnish bank guarantee equivalent to the bond amount for the period of course of higher studies and their original documents would be returned for that limited period on the understanding that they would re-submit them on reporting for duty and complete the required period of compulsory service
Taking note of the GO and the submission that the original documents have been returned to the petitioner as he contended for, the bench issued the following orders:
(i) When the Petitioner reports for duty after completing his higher studies, the Respondents shall issue posting order to him and on the Petitioner re-submitting the original certificates to the concerned authorities, he shall be entitled to apply to this Court for refund of the amount deposited with accrued interest.ATTACHED BELOW IS THE JUDGMENT IN DETAIL:
(ii) In the event of the Petitioner failing to report duty after completion of the said course, it is open to the Respondents to apply to this Court for en-cashing the amount in fixed deposit with accrued interest for non-compliance of the conditions of the bond executed by him.
