CHENNAI: Educational certificate is not a marketable commodity, therefore even government medical colleges cannot exercise any lien on them for not serving the mandatory bond period by PG doctors, the Madras high court has said.
Justice G R Swaminathan passed the order while allowing plea moved by 25 PG doctors whose certificates were held by government medical colleges, including the Madras Medical College and the Stanley Medical College.
According to the petitioners, they obtained post-graduate degrees in the respective colleges during the academic year 2018-2021. While obtaining admission, they had undertaken to serve in government hospitals for two years.
To this effect, they had also executed bonds. After they successfully completed their PG courses in May 2021, they were called upon to do Covid-19 duty. They worked on a temporary and contractual basis for about 10 months. Thereafter they were relieved.
They were not issued with any fresh posting orders. Therefore, they wrote to the college authorities demanding return of their original certificates collected by the respective colleges at the time of admission.
However, the same was refused by the colleges on the ground that since the petitioners had not served for a full period of two years as per the bond terms and conditions, the original certificates could not be returned prompting them to move the court.
Pointing out that a division bench of the high court had, in another plea moved by classmates of the petitioners, extended the relief to them, the court said: “A different yardstick cannot be adopted in the present case. That shall be a gross violation. A statutory authority will have to treat similarly placed persons in the same manner. Failure to do so would be an infraction of Article 14 of the Constituion.”