Govt Can't Retain Educational Certificates Of PG Doctors For Violation Of Compulsory Services Bond: Madras High Court

The Madras High Court came to the rescue of around 25 doctors by directing the respective medical colleges and the Directorate of Medical Education that they could not withhold the original education certificates collected at the time of admission, merely on the ground that the petitioners had not fulfilled the terms and conditions of the bond for compulsory service."It is well settled that an Educational certificate is not a marketable commodity, therefore, there cannot be exercise of any lien in terms of Section 171 of the Indian Contract Act, 1872. It has been held in catena of cases that management cannot retain the certificates of the students." Justice GR Swaminathan was considering a plea filed by qualified doctors who had obtained Post Graduate degrees during the academic year 2018-2021. During the time of admission, they had undertaken to serve in Government Hospitals for a period of two years and had also executed bonds to that effect. After successful completion of their PG courses, they were called upon to do Covid-19 duty where they worked on a temporary and contractual basis for about 10 months. The grievance of the petitioners was that after they were relieved, the colleges denied the return of their original documents by stating that they had not served for a full period of two years as per the bond terms and conditions. The Court also took note of the fact that when similarly placed students had previously approached the Court seeking return of their certificates, the Director of Medical Education had issued an order directing the Deans of respective medical colleges to return the original certificates to the distressed. Thus, even though they did not fulfill the terms and conditions of the bond, they were able to get back their certificates. The Special Government Pleader argued that the petitioners had given the undertaking voluntarily and now they could not go back on their undertaking. He also pointed out that in previous case, there was a specific direction by the Director of Medical Education which is absent in the present case. To this, the Court opined that the petitioners in both the cases were identically placed. Thus, a different yardstick could not be adopted in the present case and the same would be a gross violation. The court observed that "A Statutory Authority will have to treat similarly placed persons in the same manner. Failure to do so would be an infraction of Article 14 of the Constitution of India." Highlighting that the Educational Certificate is not a marketable commodity, the Court held that the respondent colleges could not exercise a lien under Section 171 of the Indian Contracts Act 1872. Thus, the colleges cannot retain the certificates of the students. Case Title: Dr. S Giridharan and others v. State of Tamil Nadu and others Case No: WP No. 12541 of 2022 Citation: 2022 LiveLaw (Mad) 235 Counsel for the Petitioner: Mr. E Manoharan Counsel for the Respondents: Mr. D Ravichander, Special Government PleaderClick here to read/download the judgment

Govt Can't Retain Educational Certificates Of PG Doctors For Violation Of Compulsory Services Bond: Madras High Court

Upasana Sajeev

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