J PRAVEEN Vs. DIRECTOR OF MEDICAL EDUCATION, KILPAUK

JUDGEMENT

(1.) The petitioner seeks for a direction to the second respondent herein to hand over the original certificates entrusted by him to the second respondent herein as per the letter of the second respondent dated 09.07.2014 and the provisional certificate issued by the Tamil Nadu Dr.M.G.R.Medical University for passing MS (Ophthalmology) by him within a time frame fixed by this Court.

(2.) The brief facts necessitating the filing of the present writ petition are stated hereunder:-

(3.) Mr.R.Vijayakumar, learned counsel appearing for the petitioner at the outset, would submit that when the bond was executed by the petitioner, he was under bone fide impression that he was required to serve only in the Government service and not in the second respondent Institution. According to the learned counsel, the petitioner was willing to serve in the Government and not in the second respondent Institution. As regards the payment of bond amount of Rs. 20,00,000/- is concerned, the learned counsel for the petitioner would submit that it is always open to the second respondent Institution to resort to proper legal remedy to recover the bond amount from the petitioner, but at the same time, the original certificates of the petitioner cannot be withheld by the second respondent in order to recover the bond amount from the petitioner or compel the petitioner to work in the second respondent Institution for a period of two years. Such agreement providing the condition to serve in the second respondent Institution for two years and in default, damages of Rs. 20,00,000/- payable was unreasonable and also cannot be enforced in law.