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Judgment
Honourable Mr. Justice K. Chandru
Both writ petitions are filed by the two Doctors seeking to challenge condition Nos. 5(b) and 17 in the prospectus and for consequential
direction to the second and third respondents to issue hall tickets for writing the entrance examination and if selected to admit them in the D.M. /
M.Ch course. The two clauses, i.e. 5(b) and 17 as referred to in the prospectus reads as follows :
5(b) Non Service candidates who have completed their qualifying Post Graduate Degrees in Tamil Nadu Government Medical Colleges under the
State Quota / All India Quota with satisfactory completion of TWO year bond period and enclosure of necessary certificates from the concerned
authorities are only eligible to apply.
Candidates must enclose only Photocopies of the following documents duly attested by a Gazetted Officer in the order indicated below along
with the application form failing which the application is liable to be rejected.
(a) The Postgraduate course completion certificate from the parent college where the candidate had undergone the post-graduate degree course.
(b) Postgraduate degree certificate / provisional certificate awarded by the university concerned to which the Institution is affiliated.
(c) Permanent Medical Registration Certificates of the MBBS Degree and additional qualification registration certificate for Post Graduate degree
issued by the All India Medical Cou7ncil or any State Medical Council.
(d) Postgraduate Degree attempt certificate obtained from the institution where the candidate completed his/her PG Degree.
(e) Eligibility certificate from Tamil Nadu Dr. MGR Medical University for candidates who have qualified from other Universities. This shall be
produced at the time of Counselling when called for.
(f) Certificate of satisfactory completion of two year bond period.
(g) TNPSC Selection & Posting Order (For Service Candidates)
(h) Nativity certificate (if applicable) with supportive documents.
It is the case of the petitioners that they have completed M.B.B.S. Degree in the year 2008. They have also completed M.D. (General
Medicine) under State quota and all India quota respectively. At the time of admission to the M.D. Degree course, they have executed a bond for
Rs.10 lakhs and in the event of their failure to undergo two years Government service, the bond will be executed. According to the petitioners, the
condition of bond was challenged before this court in earlier writ petitions. The petitioners have passed out the M.D. Course during April, 2012.
When they saw a notification of the second and third respondents in their Website on 21.05.2012 calling for applications for admission to the
course of D.M. /M.Ch Super-speciality course for the academic year 2012-2013, they found that unless the completed the bond period and
produced necessary certificate from the concerned authority, they were barred from applying the said course. The two petitioners stated that they
cannot apply for the course for the year 2012-2013 as they have not completed the bond period. According to them, the eligibility condition
imposed is arbitrary and violative of Article 14 of the Constitution.
It is the case of the petitioners that D.M./ M.Ch is the super-speciality course. The respondent State cannot impose any artificial condition. The
conditions imposed are outside the norms laid down by the Medical Council of India. It is also against the observation made by the Supreme Court
in Saurabh Chaudri Vs. Union of India reported in 2003 (5) Sup. SCR 152 = 2004 AIR 361. According to them, the Supreme Court had
observed that the best talent cannot be rejected from admission to super-speciality course as it will be the national loss and the interest of any
region cannot be higher than those of the nation.
However, this court is not inclined to admit the writ petitions. The citizens of India are entitled to have their health taken care of by the State by
virtue of Article 21 of the Constitution. Unless the rural areas are served with specialized Doctors, the people will be denied of their right of public
health care. It is in that view of the matter that persons who are instead of serving public institutions, after obtaining their P.G. Degree courses are
running away to some private institutions, the State Government has imposed a condition of bond as a mandatory service to serve in the
Government service. If the petitioners are allowed to breach the bond condition, it will only destroy the public health system. It is always open to
the State to impose such condition which is reasonable for admission to the Government institution. The petitioners'' right is not unlimited and it is
subject to reasonable restriction. If the petitioners do not want to abide by the bond condition, then the mere offer of payment of damages
specified in the bond is not a consolation. The condition which is now stipulated clearly states that persons who have acquired P.G. Degree are
bound to serve the Government health institutions for a period of two years. During the bond period, they cannot be allowed to escape the rigor of
the bond. The mere offer of payment of damages is not a consolation. If it is allowed, then everybody may make the payment and get out of their
legal obligation to serve the government. Having acquired medical education in the Government institutions at the subsidy rate and after getting
stipend and payment during the course period, the petitioners cannot be allowed to contend that the conditions imposed in the prospectus are
either arbitrary or invalid. Further having known the conditions in the bond and executed the bond, they cannot resile from the same. This court do
not think any case is made out to interfere with the impugned notification. Hence both writ petitions will stand dismissed. No costs. Consequently
connected miscellaneous petitions stand closed.