Dr.Akash Narayan.T, M.S.Ortho., Vs the State of Tamil Nadu

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to treat the petitioner's two-year compulsory bond period as completed by taking into account the COVID-19 duty rendered by the petitioner and to direct the 3^rd respondent to return the petitioner's original certificates and documents collected while admitting the petitioner to the Post Graduate Degree Course and to further direct the 3^rd respondent to issue the Post Graduate Degree Certificate.

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For Petitioner : M/s.Y.Kavitha For Respondents : Mr.K.Tippu Sultan Government Advocate for R1 to R3 Mrs.Subharanjani Ananth Standing Counsel for R4

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O R D E R

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The present writ petition has been filed seeking for a mandamus to direct the respondents to treat the petitioner's two-year compulsory bond period as completed by taking into account the Covid-19 duty rendered by the petitioner and to direct the 3^rd respondent to return the petitioner's original certificates and documents collected while admitting the petitioner to the post graduate degree certificate.

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https://www.mhc.tn.gov.in/judis

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W.P.No.16316 of 2025

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Heard the learned counsel for the petitioner, learned Government Advocate for respondents 1 to 3 and the learned Standing Counsel for respondent 4.

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The issue involved in the present writ petition is no longer res integra . In view of the order passed by the Hon'ble Division Bench of this Court in W.A.Nos.2796 and 2801 of 2024, wherein, the Hon'ble Division Bench, as held that having availed a concession and executed a bond, the petitioner cannot now deny serving in the Government Hospitals as per bond conditions, owing to the services they rendered during the Covid-19 outbreak. For ready reference, this Court deems it appropriate to extract the judgement of the Division Bench Dr.K.Ambika Vs. Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai – 600 009 in W.A.Nos.2583, 1922 and 1924 of 2024. Relevant paragraphs 14 to 17 from the said judgment which reads as follows:-

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“ 14.As rightly held by the learned Single Judge, as per the norms of the National Medical Commission, medical attention / treatment to affected persons will be a part of their training during their studies in PG course, which cannot be sought to be converted as a favour done to the Government, so as to waive the bond period of one year. The appellants were not asked to serve in Government Hospitals permanently, as the Government

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3/7

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https://www.mhc.tn.gov.in/judis

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W.P.No.16316 of 2025

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itself clearly stipulated in the appointment orders issued to them that the appointment made by the agreement under Rule 19(1) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 is purely temporary only for fulfilling the bond condition to service in Government Institutions. It is not known as to why the appellants are reluctant to serve in Government Hospitals even for that one year and this Court can only infer that they wanted to earn / mint more money after taking advantages of the benefits granted by the Government. Pertinent to state here that most doctors are academic achievers and without hard work, they could not have excelled in medical profession in this competitive world. Their attitude totally changes, when they come out of their training period in PG courses, as they start enjoying a quality of life, ignoring the fact that their services to mankind are services to God, on account of their greediness to achieve goals through their professional remuneration.

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15. Learned Single Judge elaborately considered the expenses meted out by the Government for the PG studies of these appellants and more so, they had also made a declaration at the time of joining their respective PG courses, agreeing to serve in Government Hospitals as per the bond executed by them. Having availed concession and executed the bond thereof, they cannot take u-turn now and deny to serve in the Government Hospitals as per bond conditions, owing to their services rendered during the outbreak of Covid-19.

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16. For the foregoing discussions and observations, we are of the view that the appellants, having themselves chosen to study in Government Colleges and executed bonds without any disapproval, disagreement, opposition or demurral, cannot, at a later point of time, rescind their obligations by citing reasons in one way or the other, which were not found in the bond conditions. Hence, we have no hesitation to hold that the order passed by the learned Single Judge is perfectly valid and warrants no interference by this Court.

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https://www.mhc.tn.gov.in/judis

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W.P.No.16316 of 2025

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17. Accordingly, all these Writ Appeals are

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dismissed. The appellants are directed to adhere to their bond conditions and serve compulsorily in the Government Medical Colleges and Hospitals as per the appointment order for the period specified and agreed upon between the parties as per the bond conditions. No costs. Consequently, connected Miscellaneous Petitions are closed.”

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