Isabella Mariam

The High Court of Madras, Single Bench of Justice T.V. Thamilselvi directed the conditional release of educational certificates to postgraduate medical graduates seeking admission to super specialty courses. The Court permitted issuance of certified copies of original certificates and ordered that these be forwarded to the admitting universities, with a system to ensure their return to the Directorate of Medical Education. The original certificates would be released only upon successful completion of the bond period or if the government fails to issue posting orders within a stipulated time frame.

The petitioner, a postgraduate medical graduate, filed a writ petition seeking issuance of a writ of mandamus for the return of his original certificates: (i) MBBS Degree Certificate, (ii) Internship Completion Certificate, (iii) MBBS Mark Sheet, and (iv) Plus Two Mark Sheet. These certificates were retained by the third respondent, the Dean of Government Kilpauk Medical College and Hospital, at the time of his admission to the postgraduate course in M.S. (General Surgery).

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The petitioner submitted that although he had completed his postgraduate education, he was unable to retrieve his original certificates due to the bond condition he had executed at the time of joining the course. The bond mandated two years of service in the State of Tamil Nadu, failing which the certificates would not be released.

Having completed the postgraduate degree, the petitioner successfully appeared for the NEET Super Specialty examination and received an allotment order to pursue M.Ch. (Cardio Vascular and Thoracic Surgery). He contended that he was unable to proceed with the super specialty admission due to non-release of his certificates.

The petitioner expressed willingness to complete the bond service after completion of the super specialty course and sought a direction for the return of his certificates based on this undertaking.

The respondents, representing the State of Tamil Nadu, contended that the bond system was instituted to ensure that non-service candidates who benefit from subsidized medical education serve the State. The insistence on bond compliance prior to certificate release was defended as a policy measure balancing public interest and State investment.

The matter was adjudicated with reference to the petitioner’s academic aspirations, the NEET Super Specialty admission process, the bond conditions signed by the candidate, and the broader issue of whether educational certificates could be retained as a lien for enforcing service obligations. The judgment ultimately balanced both the petitioner’s right to higher education and the State’s interest in enforcing contractual bond conditions.

The Court noted the recurring nature of such cases, stating: "The Court is presented with a situation where the Doctors who have undergone his postgraduate course want to pursue his Super Specialty education, which is hard to comply. What stands between them and the education is the stand of the respondents that unless and until they complete his bond period, the respondents will not release the documents."

The Court clarified that it was not delving into the larger legal issue of retaining certificates as lien, recording: "The larger issue whether the educational certificates of the Doctors can be retained, as a lien, need not be gone into in this case."

The judgment acknowledged the contributions of the State in providing subsidized education: "The State has subsidized the education of the students and has given them quality education and exposure, which the writ petitioner would not have obtained, if not, for their undergoing the courses in the respective Government medical colleges."

In recognizing the petitioner’s educational aspirations, the Court noted the necessity of a balanced approach: "This Court has to balance the interest of the students and the interest of the State."

The Court issued several specific directions, beginning with: "The petitioner shall produce the allotment letters before the Deans of the Medical Colleges, in which they underwent his post graduate medical education."

It further ordered: "On production of his allotment letters, the respective Deans shall issue a certified copy of his certificates."

The certified copies, along with allotment letters, were deemed sufficient for the petitioner to proceed with admissions: "On the basis of the certified copies that have been issued, and together with his allotment letters, the students will be entitled to join the educational institutions, which has been allotted to him in the NEET Super Specialty counseling."

Regarding the forwarding of certificates, the Court stated: "The Directorate of Medical Education will forward the certificates of the students to the respective Universities/Deemed to be Universities/NBEMS for registration."

On return procedures: "Once the process of registration is completed, Universities/Deemed to be Universities/NBEMS to which the certificates have been sent, will return the same to the Directorate of Medical Education, Chennai."

Preservation of certificates was mandated: "The Directorate of Medical Education shall ensure that the certificates are retained safely."

Completion of bond service was linked to certificate return: "On completion of his super speciality course, the student will report to the Directorate of Medical Education for obtaining posting orders in order to complete his bond. It shall be in undertaking affidavit and the same shall be acknowledged."

Timelines for issuance of posting were laid: "The Directorate of Medical Education shall issue posting orders to the students within a period of eight months from the date of such reporting."

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Regarding appointment terms: "The posting orders shall be on contract basis. The contract shall be valid for the period on the bond, or for the remaining period on the bond, in case the candidates have already served certain period under the bond. On completion of the bond service, the Directorate of Medical Education will release the original certificates to the students "

In cases of administrative lapse: "In case, the Directorate of Medical Education does not issue posting orders within a period of eight months from the date of reporting, the bond will be deemed to have been discharged and the Directorate of Medical Education shall issue the educational qualification certificates forthwith."

Advocates Representing the Parties:

For the Petitioner: Mr. S. Parthasarathi, Advocate

For the Respondents: Mr. T.K. Saravanan, Additional Government Pleader

Case Title: Dr. J.V. Surya v. State of Tamil Nadu and Others
Case Number: W.P. No.19341 of 2025
Bench: Justice T.V. Thamilselvi

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