DR C.DHARSHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard Mr. G.T.Subramanian, Learned Counsel for the Petitioners and Mrs. Narmadha Sampath, Learned Additional Advocate General appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

(2.) The Petitioners in these Writ Petitions are medical practitioners, who had applied in July 2016 for Higher Speciality Courses i.e., Doctor of Medicine and Master of Surgery conducted by the Directorate of Medical Examination, Government of Tamil Nadu for which they were selected in August 2016 and had completed the same in July 2019. The specific particulars of the respective Petitioners are furnished below:-

(3.) According to the Petitioners, after they have completed the speciality course, they have requested the Third Respondent to return their aforesaid certificates and had made separate representations dated 25.09.2019 to return the same along with their Higher Speciality Course Certificate, but they were declined to be received and the Petitioners have been orally informed that either they have to serve ten years with the Respondents as per the bond conditions or pay compensation of Rs.40,00,000/- in lieu thereof. It is contended by the Petitioners that the execution of the bond ought to have taken place at the time of joining the course in August 2016, but as the Respondents did not demand for execution of such bond then, it would tantamount to deemed waiver of those conditions, and in the absence of executing such bond, the Respondents cannot compel the Petitioners to comply with those bond conditions. It is further claimed that the Respondents have no right to retain the certificates of the Petitioners and insist to pay the compensation amount in the bond, which has not been executed. It is the grouse of the Petitioners that their livelihood has been affected as the certificates, which are essential for them, have not been returned to carry on their medical profession. In that backdrop, the Petitioners have filed these Writ Petitions for a direction to the Respondents to return their certificates along with the D.M./M.Ch. Provisional degree and D.M./M.Ch. Mark sheet without insisting them to pay any amount or to comply with the bond conditions.