HC relief to doc who wants to pursue PG course

K.Kaushik@timesgroup.com

Madurai:  13.07.2020

Granting relief to a doctor who sought return of her certificates to pursue postgraduate diploma course, the Madras high court has directed her to furnish adequate security, instead of a bank guarantee as mandated by the health and family welfare department, taking into consideration that she hails from a middle class family.

R Elanthendral had completed MBBS in 2016. She joined diploma in child health course at government medical college at Thanjavur district. After completion of the course, the petitioner was appointed as an assistant surgeon in Avudaiyarkoil government hospital in December 2019.

After completing the diploma course, the petitioner appeared in the National Board of Examination Super Specialty post diploma centralised entrance test to pursue post diploma course in paediatrics. The petitioner had cleared the entrance exam and the last date for payment of fees and submission of certificates is August 5. Since the petitioner did not pay the bond amount, the original certificates were not returned to her.

A GO, dated April 13, was passed by the health and family welfare department which mandates to furnish bank guarantee of 20 lakh, if the medical practitioners who have not completed the period of compulsory service want to pursue further studies and to re-join the government service.

The counsel appearing for the petitioner submitted that she hails from a middle class family and it would not be possible for her to execute a bank guarantee of Rs20 lakh.

The special government pleader submitted that GO has been issued to sternly deal with the breaches committed as people like the petitioner do not offer themselves after completing the course.

Taking into consideration the hardship of the petitioner, justice C Saravanan directed the petitioner to furnish postdated cheques in favour of the director of medical education for 50% (Rs10 lakh) of the bond amount and for the total stipend amount paid to the petitioner.

The judge directed the authorities to return the original certificates after the petitioner complies with the condition. After the petitioner joins duty after completing the course, the amount encashed by the authorities shall be refunded to the petitioner, added the judge.