Doctor’s maternity leave period is part of bond period: HC

Doctor’s maternity leave period is part of bond period: HC 

K. Kaushik@timesofindia.com 28/06/2025

Madurai : The 12-month maternity leave period of a doctor who signed a bond to serve TN govt for two years while joining a PG course at Thanjavur Medical College must be counted as part of the bond period, Madras high court recently ruled, directing authorities to return her original certificates. The court was hearing an appeal by E Krithikaa who was allotted an MS (general surgery) seat for 2016-17 at the college whose prospectus mandates candidates to sign a bond for ₹40 lakh and undertaking to serve govt for at least two years. 

After obtaining degree in 2019, she was appointed assistant surgeon at Thittakudi govt hospital where she served for 12 months before going on maternity leave. Saying she served govt for only 12 months, the authorities declined to return her original certificates. In 2022, her petition seeking a direction to return her original certificates was dismissed by a single bench propmpting her to file the present appeal. 

A division bench of Justice G R Swaminathan and Justice K Rajasekar said an educational certificate is not amarketable commodity and cannot be retained or withheld for any reason. “As per conditions set out in the prospectus, the appellant has to serve the govt of Tamil Nadu in one of their hospitals for two years. 

This condition must give way to the rights conferred on women under the provisions of the Maternity Benefit Act, 1961. This is especially so because the honourable Supreme Court declared that any woman has a fundamental right to the benefits arising out of her situation of maternity. Maternity leave is integral to maternity benefit and forms a facet of Article 21 of the Constitution,” they observed.