WP/28944/2026 of Dr.Ramya S Vs The State of Tamil Nadu on 17 September 2026

ORDER

This writ petition is filed for the following relief : “directing the respondent Nos.2 to 4 to treat the petitioner’s bond period as completed and consequently directing the fifth respondent to return the petitioner’s original certificates and documents along with her Post Graduate degree Certificate.”

2. The issue arises in the present writ petition has been dealt with by this very Bench in a case involving similar facts in Dr.U.Kavya vs. The State of Tamil Nadu, Rep.by Principal Secretary, Health and Family Welfare Department (W.P.No.28940 of 2026 decided on 27.07.2026), allowing the writ petition. The relevant portion of the said order is extracted hereunder: “8. The Government issued G.O.(D).No.730, Health and Family Welfare (MCA-1) Department, dated 24.06.2026, in and by which, the Government had accepted the proposal of the Director of Public Health and Preventive Medicine, Chennai and decided to terminate the non-service Post Graduate who had completed one year of service to accommodate newly selected Medical Service Recruitment Board candidates. This Government Order is applicable in respect of non-service Post

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Graduate doctors who have joined and completed one year of service bond as on 15.06.2026.

9. The petitioners would, therefore, be squarely covered by the said G.O. and that apart, as per G.O.Ms.No.167, Health and Family Welfare Department dated 24.06.2026, the Director of Medical Education and Research, vide his letter, had reported that large number of non-service candidates who have completed the course were awaiting bond postings for more than six months. He had proposed that the Directorate be permitted to return the original certificates of non-service Post Graduate who have not been provided with bond postings for more than six months of completion of their course. The Government accepted the proposal and directed that the original documents shall be returned within a period of six months and the bond period will continue for a period of two years from the date of completion of the course.

10. Therefore, viewed from any angle, the petitioners are entitled to the relief claimed by them. Consequently, this writ petition is allowed and the bond period stands reduced by a year on account of entitlement of petitioners to maternity leave and the original bonds shall be returned by the respondents 7 and 8 within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition in W.M.P.No.31717 of 2026 is ordered subject to payment of separate Court fee. The other connected miscellaneous petition is closed.”

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3. The aforesaid decision in Dr.U.Kavya, supra, applies on all fours to the case in hand and therefore, this writ petition is allowed on the same lines. No costs. Consequently, connected miscellaneous petition stand closed. 03-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rap To

1. The Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai – 600 009.

2. The Director, Directoate of Medical Education and Research, Kilpauk, Chennai – 600 010.

3. The Director, Directorate of Medical and Rural health Services, 359, Anna Salai, Chennai – 600 006.

4. The Director, Directorate of Public Health and Preventive Medicine, 359, Anna Salai, Chennai – 600 006.

5. The Dean, Tirunelveli Medical College 3, High Ground Road, Palayamkottai, Tirunelveli - 627 011.

WP No. 28944 of 2026

P.T.ASHA, J. rap WP No. 28944 of 2026 03-08-2026

WP No. 28944 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-09-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA WP No. 28944 of 2026 CNR:{HCMA011655692026} AND WMP NO. 31726 OF 2026 Dr.Ramya S 103/175, Masuthy Road, New Colony, Thuraimangalam, Perambalur- 621 220. ..Petitioner(s) Vs

6. The State of Tamil Nadu Represented by its Principal Secretary Health and Family Welfare Department, Secretariat, Chennai-09.

7. Directoate of Medical Education and Research Represented by its Director Kilpauk, chennai-010.

8. Directorate of Medical and Rural health Services Represented by its Director 359 Anna Salai,Chennai-06.

9. Directorate of Public Health and Preventive Medicine Represented by its Director 359, Anna Salai, Chennai-06.

10. Tirunelveli Medical College Represented by its Dean, 3, High Ground Road, Palayamkottai, Tirunelveli-627 011. ..Respondent(s) For Petitioner(s): Mr.Suhirith Parthasarathy

WP No. 28944 of 2026

ORDER

Today, this matter is listed under the caption “For Being Mentioned”. Upon hearing the learned counsel for the Petitioner and after clarification of the issue, the following orders shall stand substituted in place of the earlier order dated 03.08.2026:- “This writ petition is filed for the following reliefs:- “directing the respondent Nos.2 to 4 to treat the petitioner’s bond period as completed and consequently directing the fifth respondent to return the petitioner’s original certificates and documents along with her Post Graduate degree Certificate.”

2. The Petitioner is a Doctor who completed her Post-Graduate course in M.D. (Anesthesiology) from the 5th Respondent-College. She joined the course on 26.06.2020 and completed the same on 11.02.2024, after availing maternity leave from 06.01.2022 to 26.06.2022. Being a non-service candidate, the Petitioner was required to execute a bond undertaking to serve the Government of Tamil Nadu for two years, if called upon to do so, and was also required to submit her original educational and registration certificates, which continue to remain with the 5th Respondent.

3. The Petitioner would submit that, pursuant to the Circular dated

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12.09.2024, counselling was conducted on 18.09.2024. Though the Petitioner attended the counselling, she was advised to opt out on account of her pregnancy and was informed that she would be called for subsequent counselling. However, no further intimation or bond posting was issued to her thereafter. The stipulated two-year period expired by efflux of time on 10.02.2026. Despite repeated requests, the Respondents have continued to retain her original certificates.

4. The Petitioner would further submit that G.O.(Ms.) No.167, Health and Family Welfare (MCA-1) Department, dated 24.06.2026, recognises the entitlement of Non-Service Post-Graduates who joined in 2020 and were not provided bond postings for more than six months from completion of the course to have their original certificates returned. The Petitioner squarely falls within the said category. However, the Respondents have refused to return her certificates on the ground that the bond period has not been completed.

5. The Petitioner would further submit that the continued retention of her original educational certificates by the Respondents is illegal and contrary to the consistent view taken by this Hon'ble Court. In particular, this Hon'ble Court, in the cases of Dr. S. Giridhanin and others vs. The State of Tamil Nadu and others in W.P. No.12541 of 2022, order dated 13.05.2022; Dr. Harem R. vs. The State of Tamil Nadu and others in W.P. No.15458 of 2023, order dated

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26.05.2023; and Dr. N. Thailla Mathayarusi vs. The State of Tamil Nadu and others in W.P.(MD) No.14661 of 2024, order dated 05.08.2024, has categorically held that educational certificates are not marketable commodities and cannot be retained by way of lien under Section 171 of the Indian Contract Act, 1872.

6. The Petitioner would submit that the continued retention of her original certificates has caused serious prejudice to her professional career, including her opportunities for higher education and employment. Hence, the Petitioner is constrained to approach this Court seeking the reliefs stated supra.

7. Heard the learned counsel for the petitioner and perused the record.

8. As per G.O.Ms.No.167, Health and Family Welfare Department dated 24.06.2026, the Director of Medical Education and Research, vide his letter, had reported that large number of non-service candidates who have completed the course were awaiting bond postings for more than six months. He had proposed that the Directorate be permitted to return the original certificates of non-service Post Graduate who have not been provided with bond postings for more than six months of completion of their course. The Government accepted the proposal and directed that the original documents shall be returned within a period of six months and the bond period will continue for a period of two years from the

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date of completion of the course.

9. Further, the Petitioner completed her Post-Graduate course on 11.02.2024 and also attended the counselling conducted for issuance of bond posting. However, since the Petitioner was pregnant at the relevant point of time, she was advised to opt out of the said counselling. Thereafter, the Petitioner did not receive any further intimation from the Respondents regarding counselling for issuance of bond posting. Thus, no counselling relating to the bond posting was conducted for the Petitioner and, by efflux of time, the stipulated bond period came to an end on 10.02.2026. The Petitioner is in no way responsible for same, as the Respondents had not deemed it fit to conduct any counselling for the Petitioner within the stipulated bond period.

10. Therefore, in the light of the above, this Writ Petition is allowed as prayed for. The 5th Respondent is directed to return the original certificates and documents of the Petitioner within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed.”

11. The Registry is directed to carryout the necessary amendments/substitutions and issue a fresh order copy. 17-09-2026 SHR

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P.T.ASHA J. SHR To

6. The State of Tamil Nadu Represented by its Principal Secretary Health and Family Welfare Department, Secretariat, Chennai-09.

7. Directoate of Medical Education and Research Represented by its Director Kilpauk, chennai-010.

8. Directorate of Medical and Rural health Services Represented by its Director 359 Anna Salai,Chennai-06.

9. Directorate of Public Health and Preventive Medicine Represented by its Director 359, Anna Salai, Chennai-06.

10. Tirunelveli Medical College Represented by its Dean, 3, High Ground Road, Palayamkottai, Tirunelveli-627 011. WP No. 28944 of 2026 AND WMP NO. 31726 OF 2026 17-09-2026