HC: Return original certificates to doctor

HC: Return original certificates to doctor

20/05/2020, B. TILAK CHANDAR,MADURAI

The Madurai Bench of the Madras High Court on Monday directed the Dean of Madurai Medical College to return the original certificates of a doctor so that he could pursue higher studies and then come back to serve the State.

The petitioner executed a bond for ₹20 lakh which was deposited with the Registrar (Judicial) of the High Court Bench so that it could be encashed by authorities concerned if he failed to join duty after the completion of the course. The court was hearing the petition filed by K. Gautham who completed his MBBS in 2013. He was selected for Diploma in Ophthalmology in Madurai Medical College under the All India Quota and executed a bond to serve the State after the completing the diploma.

After the completion of the diploma in 2019, he was posted as Assistant Surgeon. However, he did not join duty as per the terms agreed upon and instead wanted to pursue further studies in DNB (Post-Diploma). He qualified with an All India Merit position in Ophthalmology.

He filed the petition after the Dean did not respond to his request for the return of the original certificates to pursue studies. In his petition, he said he wanted to advance his skills and would come back to serve the State after completing the course.

Justice P.D. Audikesavalu observed that the deposit made by the petitioner was an adequate safeguard to ensure that if he failed to join duty after the course was completed, the authorities concerned could seek to encash it.

The Dean should forthwith return the original certificates under written acknowledgement that after completing the course, the petitioner would join duty and re-submit them. The compliance should be filed with the Registrar (Judicial) on May 20, the court