LAWS(MAD)-2022-7-160

SREEJ Vs. STATE OF TAMIL NADU

Decided On July 04, 2022
Sreej Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The writ petitioner hails from State of Kerala. He secured admission in Tirunelveli Medical College to pursue D.M., Neurology course under all india quota. He completed the course in September 2020. When he joined the course, he executed a bond. As per which, he undertook to serve the Government of Tamilnadu for a period of ten years. In default, he undertook to pay a sum of Rs.2.00 Crores as damages. He petitioner was not in position to comply with the bond condition. The Dean, Tirunelveli Medical College issued communication dtd. 20/9/2021 calling upon the petitioner to pay a sum of Rs.2.00 Crores. The petitioner submitted his explanation dtd. 28/9/2021. Not satisfied with the same, the earlier demand for payment of Rs.2.00 Crores was reiterated vide communication dtd. 7/10/2021, which is questioned in this writ petition.

(2.) .Heard the learned counsel for the writ petitioner and the learned Additional Advocate General for the respondents.

(3.) .The learned Additional Advocate General pointed out that the petitioner was called for counselling on 2/7/2021 for issuing posting orders but the petitioner did not participate in the counselling. My attention is drawn to the communication issued by the Principal Secretary to Government, Health and Family Welfare Department on 9/10/2020. The Government of Tamil Nadu reduced the bond duration for non-service candidates from ten years to two years and the bond amount to Rs.50.00 Lakhs from Rs.2.00 Crores. In the light of the said subsequent communication which is also applicable to the case on hand, the order impugned in this writ petition has to be necessarily quashed.