Madras High Court: In a writ petition directing the State to treat the petitioner’s compulsory bond period as completed, and to consequently direct the Directorate of Medical Education, Directorate of Medical and Rural Health Services, and Directorate of Public Health and Preventive Medicine, to relieve the petitioner from the bonded service and direct the Government Thanjavur Medical College, to return the petitioner’s original certificates and documents along with the post-graduate degree certificate, G.R.Swaminathan,J. has directed the College to return the petitioner’s original certificates forthwith and without delay, and the Directorate of Medical Education to formally relieve the petitioner from the bonded service, within a period of four weeks from the date of receipt of a copy of this order.
Background:
The petitioner herein successfully completed his PG Course in the Thanjavur Medical College in April 2022. When the petitioner joined the course, he was a non-service candidate. The petitioner had executed a bond undertaking to serve the Government of Tamil Nadu for a period of two years after completing the course. This bond period was reduced to one year.
The petitioner pointed out that as a student, the petitioner had rendered what is called as “Covid duty”, and this should be treated as bond service. Since the petitioner’s request was not considered, the present writ petition came to be filed.
Issue: Whether the petitioner should be called upon to undergo this bond period of service?
Analysis and Decision:
The Court said that the issue raised in this writ petition is no longer res integra. After noting the direction given in Dr. S.Kiran Kumar v State of Tamil Nadu1 and Dr.Jayakrishnan M.P v State of Tamil Nadu2, to accommodate adjusting the period already completed with the bond period and return their educational certificates, the Court declared that the Covid duty performed by the petitioner has to be treated as bond service.
The Court said that it has been consistently holding that one’s educational certificates cannot be retained for any reason as no lien can be claimed thereon. Educational certificates are not marketable commodities within the meaning of Section 171 of the Contract Act, 1872.
The Court directed the College to return the petitioner’s original certificates forthwith and without delay. Further, the Directorate of Medical Education was directed to formally relieve the petitioner from the bonded service, within a period of four weeks from the date of receipt of a copy of this order.
[Dr. Wanbor Sungoh v. State, 2024 SCC OnLine Mad 1049,Order dated 25-04-2024]
1. W.P.No.33228 of 2023
2. W.P.No.26556 of 2022
