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



Dr. S. Anusha v/s The Director of Medical and Health Services, Teynampet, Chennai & Others


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

Company & Directors' Information:- I SERVICES INDIA PRIVATE LIMITED [Active] CIN = U72900DL2003PTC118851

Company & Directors' Information:- S T SERVICES LTD [Active] CIN = L74140WB1989PLC047210

Company & Directors' Information:- M G F SERVICES LIMITED [Amalgamated] CIN = U65910DL1987PLC029599

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U65100DL1989PTC038061

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U74900DL1989PTC038061

Company & Directors' Information:- S J SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1988PTC034427

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

Company & Directors' Information:- E M SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U93090MH2001PTC131924

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

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L51226WB1983PLC035807

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L93000WB1983PLC035807

Company & Directors' Information:- G K SERVICES PRIVATE LIMITED [Active] CIN = U65990MH1994PTC078529

Company & Directors' Information:- A K SERVICES PRIVATE LIMITED [Active] CIN = U74899MH1986PTC268851

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

Company & Directors' Information:- B V SERVICES PVT LTD [Active] CIN = U74140WB1991PTC050946

Company & Directors' Information:- I S A SERVICES PRIVATE LIMITED [Active] CIN = U74140JH1995PTC006387

Company & Directors' Information:- E I C SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC022426

Company & Directors' Information:- A C SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070774

Company & Directors' Information:- H S SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2014PTC074321

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

Company & Directors' Information:- DR I T M LIMITED [Active] CIN = U67120CH1999PLC022651

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:- O P T SERVICES INDIA PRIVATE LIMITED [Active] CIN = U63013DL1996PTC083397

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

Company & Directors' Information:- P P SERVICES PVT LTD [Active] CIN = U70101WB1991PTC051423

Company & Directors' Information:- A P T SERVICES PRIVATE LIMITED [Amalgamated] CIN = U29219TG1999PTC031903

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:- A N Y SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071457

Company & Directors' Information:- N B SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056484

Company & Directors' Information:- P C SERVICES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006606

Company & Directors' Information:- S. O. HEALTH CORPORATION PRIVATE LIMITED [Active] CIN = U74999TG2017PTC119704

Company & Directors' Information:- M. V. S SERVICES INDIA PRIVATE LIMITED [Active] CIN = U93000DL2013PTC252172

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

Company & Directors' Information:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

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

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- E AND A SERVICES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51900MH1989PTC054373

Company & Directors' Information:- A. H. SERVICES PRIVATE LIMITED [Active] CIN = U74990MH2009PTC193917

Company & Directors' Information:- M E R I T SERVICES PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC118445

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

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2009PTC293633

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- U M S SERVICES LIMITED [Active] CIN = U03210TZ1982PLC001208

Company & Directors' Information:- SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL1996PTC078465

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:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

Company & Directors' Information:- S R V N SERVICES PRIVATE LIMITED [Strike Off] CIN = U50200DL2004PTC124035

Company & Directors' Information:- B H SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH2012FTC227035

Company & Directors' Information:- ANUSHA (INDIA) PRIVATE LIMITED [Active] CIN = U24239DL1999PTC100064

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

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

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

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:- E-HEALTH INDIA PRIVATE LIMITED [Strike Off] CIN = U85110DL2001PTC113461

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

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

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- M C SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013532

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- S C L SERVICES PRIVATE LIMITED [Active] CIN = U63012TN2001PTC046650

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- G P SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037683

Company & Directors' Information:- T S SERVICES PRIVATE LIMITED [Strike Off] CIN = U85320WB2003PTC095712

Company & Directors' Information:- R AND T SERVICES PRIVATE LTD. [Strike Off] CIN = U72501DL1998PTC096640

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- S S D SERVICES PRIVATE LIMITED [Active] CIN = U74910RJ1996PTC012694

Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

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

Company & Directors' Information:- P AND I SERVICES PRIVATE LIMITED [Active] CIN = U63090MH1981PTC024997

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

Company & Directors' Information:- R. B. SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302692

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:- V. S. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC233958

Company & Directors' Information:- S & V SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC287145

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

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:- R K SERVICES PRIVATE LIMITED [Active] CIN = U45200HR2007PTC041783

Company & Directors' Information:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- V J SERVICES PRIVATE LIMITED [Strike Off] CIN = U29242GJ2013PTC074510

Company & Directors' Information:- N I SERVICES PRIVATE LIMITED [Strike Off] CIN = U64202KL2000PTC014355

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:- B I M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1974PTC002694

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

Company & Directors' Information:- B AND M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140MH1977PTC019880

Company & Directors' Information:- M J B E-SERVICES PRIVATE LIMITED. [Strike Off] CIN = U72400DL2006PTC150832

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

    W.P. (MD) No. 6772 of 2020 & W.M.P. (MD) Nos. 6156, 6158 & 6159 of 2020

    Decided On, 25 June 2020

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU

    For the Petitioner: Veera Kathiravan, Senior Counsel forM/s. Veera Associates, Advocates. For the Respondents: R1 to R3, Aayiram K. Selvakumar, Additional Government Pleader.



Judgment Text


(Prayer: The Writ Petition is filed to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the 2nd respondent in proceeding in R.Dis.No.092905/MEII(1)/2019 dated 18.05.2020 and quash the same and consequently, direct the respondent to permit the petitioner to join and undergo the DNB (speciality in Pediatrics course) for the admission in the year of 2020 in the 4th respondent college with the undertaking affidavit and bond for rendering service under the respondents 1 and 2 after completion of the Higher speciality course of the petitioner.)

Heard Mr. Veera Kathiravan, Learned Senior Counsel for the Petitioner and Mr. Aayiram K.Selvakumar, Learned Additional Government Pleader appearing for the First to Third 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-Graduate Diploma in Child Health (DCH) during the academic years 2016 – 2018 in the college of the Third Respondent and had executed a bond agreeing for compulsory service of not less than two years in Government after completing the course or pay Rs.20,00,000/- as compensation in lieu thereof in terms of the prospectus issued in that regard. According to the Petitioner, though she was willing to carry out that obligation, she was not issued any posting order after completing that course. It is contended that she had applied for further studies in DNB (Post Diploma) conducted by National Board of Examinations, New Delhi in January 2020 session and has been selected for speciality in Pediatrics in the Fourth Respondent, viz., Kovai Medical Centre, Coimbatore. The Petitioner claims to have made a representation dated 05.06.2020 by e-mail to the Third Respondent to release her original documents for pursuing higher studies, in which she has been selected now. In the meanwhile, the Second Respondent by proceedings R.Dis. No. 092905/MEII(1)/2019 dated 18.05.2020 had informed the Third Respondent that in G.O. (Ms.) No. 185 Health and Family Welfare (MCA-1) Department dated 13.04.2020 issued by the Government of Tamil Nadu, Non-Service Post Graduate candidates, like the Petitioner, who have completed their period of compulsory service under the bond condition executed by them could be permitted to pursue higher studies on condition that they should furnish bank guarantee equivalent to the bond amount for the period of course of higher studies. Aggrieved by the aforesaid condition imposed, the Petitioner has filed this Writ Petition challenging the aforesaid order dated 18.05.2020 passed by the Second Respondent and for consequential direction for permitting the Petitioner to join and undergo the DNB course (speciality in pediatrics) in the year of 2020 in the college of the Fourth Respondent with the undertaking affidavit and bond for rendering service under the First and Second Respondents after completion of the Higher Speciality course.

3. Learned Additional Government Pleader appearing for the First to Third Respondents, on instructions, submits that after the Petitioner completed Post-Graduate Diploma in Child Health (DCH), she was instructed by order Ref No. 1709/ME4 & ME5/2016 dated 26.05.2018 passed by the Third Respondent to report before the Director of Public Health and Preventive Medicine, Chennai, for further posting, receipt of which she has acknowledged, but despite the same, she did not comply with that requirement. It is highlighted that though during the previous years, the original documents had been returned to the respective candidates to pursue higher studies without any condition on their mere undertaking, the past experience has been that those candidates have deceived the Government by not reporting for duty after completing the higher studies and it has been practically impossible to even recover the agreed amount of compensation from them and it is in these necessitating circumstances that the aforesaid condition has been imposed in public interest, which cannot be faulted.

4. Though it is vociferously asserted by the Learned Senior Counsel appearing for the Petitioner that the Petitioner had reported for duty before the First Respondent but she was not given any posting order, it is not possible to believe the said contention in the absence of any substantiating materials produced by the Petitioner to show that she was ready and willing to carry out her obligation to serve for the required period of compulsory service of two years after completing the earlier course of study that she had undergone at subsidized cost borne from the Public Exchequer. In this context, it must be recapitulated here the Hon'ble Supreme Court of India in Association of Medical Super Speciality Aspirants and Residents -vs- Union of India [(2019) 8 SCC 607] has held that the requirement by the various States in the Country that the candidates admitted to Post Graduate Speciality Courses in Medicine that they 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 14, 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. In that ruling, it has also been noticed that the State Governments have not attempted to enforce the contract of personal service in view of the bar under Section 14 of the Specific Relief Act, 1963, meaning thereby that if the executant of the bond failed to comply with the agreed condition to serve the Government for the specified period, he would be liable to pay the amount fixed in the bond as compensation for such breach of that contract. The said compensation amount is itself only reimbursement of genuine pre-estimate of loss incurred by the State by spending on the persons, like the Petitioner, with the expectation that the beneficiaries of the specialised knowledge gained out of public funds should after completion of the courses of study utilize the skills they acquire during the training for serving the cause of the sick, the poor and the needy in the State for a substantial period and that too, for commensurate remuneration.

5. It is the fervent plea of the Petitioner in this case that she is still willing to serve the Government for the agreed period in the bond, but after completing her higher studies for which she has been now selected, and has sought for return of her original documents, which are now in the custody of the Third Respondent, without furnishing bank guarantee for the bond amount.

6. The Government of Tamil Nadu has issued G.O. (Ms.) No. 185 Health and Family Welfare (MCA-1) Department dated 13.04.2020, which reads as follows:-

“4. The Government have examined the proposal of the Director of Medical Education and decided to accept the same. Accordingly, the Government do hereby issue orders to the Director of Medical Education as detailed below:-

(i) to permit the Non service Post Graduate candidates who have completed their Broad Speciality (MD / MS / Diploma) Course in State of Tamil Nadu (not completed their bond condition) and have selected for Higher Speciality courses through entrance examination (either / neither NEET-SS) in other State / Private self-financing / Deemed University to pursue the Higher Speciality course after obtaining the Bank Guarantee equivalent to the bond amount as prescribed in the respective year prospectus during the admission to Broad speciality courses from the academic year 2016-2017.

(ii) To permit the Non service Post Graduate candidates who have completed their Higher Speciality (DM/M.Ch.) Course in State of Tamil Nadu (not completed their bond condition) and have selected for Fellowship course through entrance examination (either / neither NEET-SS) in other State / Private selffinancing / Deemed University to pursue the Fellowship course after obtaining the Bank Guarantee equivalent to the bond amount as prescribed in the respective year prospectus during the admission to Higher speciality courses from the academic year 2016-2017.”

It emerges from the aforesaid Government Order that it has been decided to permit 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. In other words, the aforesaid condition to furnish bank guarantee for that bond amount had been introduced by the Government of Tamil Nadu only by way of concession and if the Petitioner is not willing to furnish the bank guarantee, it would mean that the Petitioner cannot be permitted to pursue the course of higher study for which she has been selected without completing the period of compulsory service or remitting the compensation amount of Rs.20,00,000/- in lieu thereof agreed earlier, as upheld in the aforesaid binding decision of the Hon'ble Supreme Court of India. That apart, the order R.Dis. No.092905/MEII(1)/2019 dated 18.05.2020 passed by the Second Respondent, which is impugned in the Writ Petition, is only a consequential proceeding to implement the decision of the Government of Tamil Nadu in G.O. (Ms.) No. 185 Health and Family Welfare (MCA-1) Department dated 13.04.2020, which the Petitioner has not questioned and in any event, does not suffer from any infirmity so as to invalidate the same.

7. Viewed from that perspective, there does not appear to be any justification to interfere with the impugned order R.Dis. No. 092905/MEII(1)/2019 dated 18.05.2020 passed by the Second Respondent. If the Petitioner intends to pursue the course of higher study before completing the period of compulsory service as per the bond condition, she would have to necessarily furnish the bank guarantee for the required amount during the period of that course and then seek the return of the original documents on the undertaking that she would re-submit the same and report for duty after completing the higher course of study, and no exception can be taken to that requirement which is an adequate safeguard to ensure its compliance in an effective manner.

8. It is also not possible to accept the contention made on behalf of the Petitioner that the onerous requirement to furnish bank guarantee by non-service candidates is discriminatory, as no such condition has been imposed for service candidates. There already exists jural relationship of employer and employee between the Government and the service candidates, and without obtaining prior permission from the Government,

Please Login To View The Full Judgment!

it would not be possible for the service candidates to join any higher course of study and they also cannot get any valid employment elsewhere without obtaining relieving order from the Government. As such, unlike the case of non-service candidates, the requirement to obtain bank guarantee for the service candidates to ensure that they report for duty after completing higher studies, does not arise. 9. Learned Senior Counsel for the Petitioner finally submitted that the Petitioner is now willing to serve in the Fourth Respondent till her course for higher studies in that institution commences. Suffice to observe here that if such representation is made by the Petitioner, it is for the concerned authority to duly consider the same on merits and in accordance with law. 10. In the result, the Writ Petition is dismissed with the aforesaid observations. Consequently, connected Miscellaneous Petitions are closed. No costs. Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
O R