w w w . L a w y e r S e r v i c e s . i n

Dr. G. Gowthaman v/s The Joint Director, Medical & Rural Health Services, Tiruppur & Others

Company & Directors' Information:- M C MEDICAL SERVICES PRIVATE LIMITED [Active] CIN = U85100TZ2012PTC019059

Company & Directors' Information:- AMP E - SERVICES PRIVATE LIMITED [Active] CIN = U51909MN2013PTC008361

Company & Directors' Information:- G. K. E. MEDICAL PRIVATE LIMITED [Active] CIN = U85100WB2009PTC139049

Company & Directors' Information:- A R MEDICAL PRIVATE LIMITED [Active] CIN = U24232AS2003PTC007179

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- HEALTH INDIA MEDICAL SERVICES PRIVATE LIMITED [Amalgamated] CIN = U85191MH2007PTC167639

Company & Directors' Information:- MEDICAL B AND T SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U72200RJ2006PTC022714

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- C J MEDICAL INDIA PRIVATE LIMITED [Active] CIN = U33110TG2010PTC068126

Company & Directors' Information:- S S SERVICES PVT LTD [Active] CIN = U51109AS1993PTC003956

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- S P S MEDICAL INDIA PRIVATE LIMITED [Active] CIN = U51397BR2007PTC013129

Company & Directors' Information:- P. MEDICAL PRIVATE LIMITED [Strike Off] CIN = U85195TG1987PTC008112

Company & Directors' Information:- H AND B SERVICES LIMITED [Strike Off] CIN = U72900MH2004PTC145775

Company & Directors' Information:- S H MEDICAL SERVICES PRIVATE LIMITED [Active] CIN = U85100PN2011PTC140380

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- I V HEALTH SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U85100KA2010PTC056356

Company & Directors' Information:- C S MEDICAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U85110TZ1991PTC003321

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- INDIA HEALTH SERVICES PRIVATE LIMITED [Active] CIN = U85110CH2013PTC034802

Company & Directors' Information:- P L MEDICAL INDIA PRIVATE LIMITED [Strike Off] CIN = U33130DL2011PTC225068

Company & Directors' Information:- B AND B HEALTH SERVICES PRIVATE LIMITED [Strike Off] CIN = U52339KL2001PTC015078

Company & Directors' Information:- R. K. MEDICAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U00304MH2000PTC128373

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- U 9 HEALTH SERVICES PRIVATE LIMITED [Active] CIN = U85100MH2010PTC200101

Company & Directors' Information:- J V MEDICAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U85110DL2012PTC237016

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- U G HEALTH SERVICES PRIVATE LIMITED [Active] CIN = U85110MH2003PTC139875

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

Company & Directors' Information:- DR INDIA HEALTH SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2016PTC165313

Company & Directors' Information:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- V N MEDICAL SERVICES PRIVATE LIMITED [Active] CIN = U85110KA2015PTC080885

Company & Directors' Information:- H & K MEDICAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U33110GJ2016PTC085924

Company & Directors' Information:- R H D MEDICAL PRIVATE LIMITED [Active] CIN = U85110DL2021PTC377464

Company & Directors' Information:- F I SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC113001

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- N R HEALTH SERVICES PRIVATE LIMITED [Strike Off] CIN = U85100DL2008PTC177163

Company & Directors' Information:- A & P MEDICAL SERVICES PRIVATE LIMITED. [Strike Off] CIN = U85121DL2006PTC153683

Company & Directors' Information:- V P HEALTH SERVICES PVT LTD [Strike Off] CIN = U85310WB1988PTC044282

    W.P. No. 2377 of 2020 & W.M.P. No. 2780 of 2020

    Decided On, 01 June 2020

    At, High Court of Judicature at Madras


    For the Petitioner: K.S. Karthik Raja, Advocate. For the Respondents: E. Manoharan, Special Government Pleader.

Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd Respondent pertaining to his proceedings in Na.Ka. No. 3899/Ni/2019 dated 10.01.2020 and quash the same and consequently direct the Respondents 2 & 3 to return the petitioner’s original certificates as found in the bonafide certificate dated 14.10.2019 issued by the 2nd Respondent.)

Heard Mr. K.S.Karthik Raja, Learned Counsel for the Petitioner, Mr. E.Manoharan, Learned Special Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2. The Petitioner, who is a medical practitioner, had undergone Post Graduation Degree course in M.D. (Physiology) during the academic years 2015-2019 and had executed a bond agreeing for compulsory service for not less than two years in the Government after completing that course or pay a compensation of Rs.40,00,000/- in lieu thereof, in terms of the prospectus issued in that regard. The Petitioner had joined duty on 11.12.2019 F.N. as Assistant Surgeon at Government Hospital, Udumalpet, Tiruppur District, after he was given posting order and his original certificates, which were in the custody of the Dean, Coimbatore Medical College, Coimbatore, have been sent to the place of posting viz., Chief Civil Surgeon, Government Hospital, Udumalpet, Tiruppur District by proceedings in Office Ref. No. 319/ME.1/2019 dated 07.01.2020. Since the Petitioner has been on unauthorized absence from 17.12.2019, the Third Respondent by proceedings in Na.Ka. No.3899/Ni/2019 dated 10.01.2020, called upon the Petitioner to report for duty, failing which it was informed that disciplinary proceedings would be taken against him, apart from resorting to the provisions of the Revenue Recovery Act, for recovering the amount under the compulsory bond.

3. While so, the Petitioner claims to have made a representation dated 09.01.2020 to the First Respondent requesting to return his original certificates as he intends to pursue higher studies in Ph.D. at Amirta University, Ettimadai, Coimbatore. On receipt of the aforesaid letter Na.Ka. No.3899/Ni/2019 dated 10.01.2020 from the Third Respondent, the Petitioner had sent a reply dated 13.01.2020 informing that as he was suffering from insomania for four days with depression, he was admitted at Vazhikatti Mental Health Centre and Research Institute on 17.12.2019 and as he has been under medication, he could not attend the hospital duties for two weeks. It is further stated that the Petitioner had to thereafter take care of his father, who had suffered a massive myocardial infarction on 31.12.2019 and could not attend to hospital duties. Moreover, he is going to join at Amrita University, Ettimadai, Coimbatore on 20.01.2020. In that backdrop, the Petitioner, claiming that he had not received any reply for his representation dated 09.01.2020 from the First Respondent, has filed this Writ Petition challenging the aforesaid order in Na.Ka. No. 3899/Ni/2019 dated 10.01.2020 issued by the Third Respondent and for consequential direction to the Second and Third Respondents to return his original certificates, which has been mentioned in the bonafide certificate dated 14.10.2019 issued by the Second Respondent.

4. The Respondents have filed their counter-affidavit dated 13.02.2020 resisting the claim made by the Petitioner in the Writ Petition by relying on the authoritative pronouncement of the Hon’ble Supreme Court of India in Association of Medical Super Speciality Aspirants and Residents -vs- Union of India [(2019) 8 SCC 607] holding that the requirement of the various States in the Country that the candidates admitted to Post Graduate Speciality Courses in Medicine would have to execute compulsory bond to serve the Government for a specified period after the completion of the course or pay the amount fixed as compensation in lieu thereof, is legally valid and does not offend Articles 16, 19(1)(g), 21 and 23 of the Constitution, Section 14 of the Specific Relief Act, 1963, and Section 27 of the Indian Contract Act, 1872, apart from falling within the competence of the State Governments. It also assumes significance that the relief claimed therein for return of original documents of the candidates on completion of their courses of study had not been granted.

5. What is however sought to be canvassed by the Petitioner in this Writ Petition is that he is willing to serve the Government for the period agreed by him in the bond, but after completing his further studies, for which he has been now selected and has sought for return of his original documents, which are now in the custody of the Third Respondent. In that backdrop, during the hearing on 20.02.2020, the Learned Counsel for the Petitioner sought time to get instructions as to whether the Petitioner was agreeable to furnish a bank guarantee for the sum of Rs.40,00,000/-, so that it could be invoked in the event he fails to re-join duty after completing the further studies, and file an affidavit to that effect. However, when the matter was called on 24.02.2020, the Learned Counsel for the Petitioner, on instructions, stated that the Petitioner is not prepared to furnish such bank guarantee.

6. On a careful examination of the rival submissions made by the Learned Counsel for the parties, it is apparent that the certificates of the Petitioner, which relate to his eligibility and qualification, had been voluntarily handed over by him at the time of joining the course of study. It is common knowledge that such practice is prevalent in any educational institution to ensure that duly qualified persons are selected and that they did not leave the course midway without proper intimation. It is a condition in the prospectus for the course of study in which the Petitioner had joined that after its completion, he has to serve for a period of ten years in the employment of the State. Here again, as employer, the State is entitled by the prevailing practice to retain the certificates of the Petitioner to ensure that he possesses the prescribed qualification and does not abandon the employ

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ment without requisite sanction. As such, the Respondents are absolutely justified in retaining the original documents of the Petitioner till he performs his obligation of serving for the requisite period, failing which he has to pay the liquidated damages stipulated for return of the same. Since the Petitioner does not want to comply with that obligation and is only eager to wriggle out of the same clandestinely, no fault can be found in the impugned order for taking legitimate action taken against the Petitioner in that regard. 7. In the result, the Writ Petition, which cannot be entertained, is dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs.