PUVANALINGAM Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) BOTH writ petitions are filed by the two Doctors seeking to challenge condition Nos. 5(b) and 17 in the prospectus and for consequential direction to the second and third respondents to issue hall tickets for writing the entrance examination and if selected to admit them in the D.M. / M.Ch course. The two clauses, i.e. 5(b) and 17 as referred to in the prospectus reads as follows :

(2.) IT is the case of the petitioners that they have completed M.B.B.S. Degree in the year 2008. They have also completed M.D. (General Medicine) under State quota and all India quota respectively. At the time of admission to the M.D. Degree course, they have executed a bond for Rs.10 lakhs and in the event of their failure to undergo two years Government service, the bond will be executed. According to the petitioners, the condition of bond was challenged before this court in earlier writ petitions. The petitioners have passed out the M.D. Course during April, 2012. When they saw a notification of the second and third respondents in their Website on 21.05.2012 calling for applications for admission to the course of D.M. /M.Ch Super -speciality course for the academic year 2012 -2013, they found that unless the completed the bond period and produced necessary certificate from the concerned authority, they were barred from applying the said course. The two petitioners stated that they cannot apply for the course for the year 2012 -2013 as they have not completed the bond period. According to them, the eligibility condition imposed is arbitrary and violative of Article 14 of the Constitution.

(3.) HOWEVER , this court is not inclined to admit the writ petitions. The citizens of India are entitled to have their health taken care of by the State by virtue of Article 21 of the Constitution. Unless the rural areas are served with specialized Doctors, the people will be denied of their right of public health care. It is in that view of the matter that persons who are instead of serving public institutions, after obtaining their P.G. Degree courses are running away to some private institutions, the State Government has imposed a condition of bond as a mandatory service to serve in the Government service. If the petitioners are allowed to breach the bond condition, it will only destroy the public health system. It is always open to the State to impose such condition which is reasonable for admission to the Government institution. The petitioners' right is not unlimited and it is subject to reasonable restriction. If the petitioners do not want to abide by the bond condition, then the mere offer of payment of damages specified in the bond is not a consolation. The condition which is now stipulated clearly states that persons who have acquired P.G. Degree are bound to serve the Government health institutions for a period of two years. During the bond period, they cannot be allowed to escape the rigor of the bond. The mere offer of payment of damages is not a consolation. If it is allowed, then everybody may make the payment and get out of their legal obligation to serve the government. Having acquired medical education in the Government institutions at the subsidy rate and after getting stipend and payment during the course period, the petitioners cannot be allowed to contend that the conditions imposed in the prospectus are either arbitrary or invalid. Further having known the conditions in the bond and executed the bond, they cannot resile from the same. This court do not think any case is made out to interfere with the impugned notification. Hence both writ petitions will stand dismissed. No costs. Consequently connected miscellaneous petitions stand closed.