Covid Duty Performed By Doctor Shall Be Treated As Bond Service; One’s Educational Certificates Can’t Be Retained For Any Reason: Madras HC

The Madras High Court held that the Covid duty performed by a doctor shall be treated as a bond service.

The Madurai Bench held thus in a writ petition preferred by a doctor seeking issuance of writ of mandamus to treat his compulsory bond period as completed and to relieve him from the bonded service as well as return his original certificates and documents along with the post-graduate degree certificate.

A Single Bench of Justice G.R. Swaminathan observed, “The over whelming weight of authority in the light of the order passed by the Hon'ble First Bench impels me to answer the issue raised in the writ petition in favour of the petitioner. It is declared that the Covid duty performed by the petitioner shall be treated as bond service. It is stated that the petitioner's original certificates are with the fifth respondent. … I have been consistently holding that one's educational certificates cannot be retained for any reason as no lien can be claimed thereon.”

The Bench added that the educational certificates are not marketable commodities within the meaning of Section 171 of the Indian Contract Act, 1872 (ICA).

Advocate Suhrith Parthasarathy appeared on behalf of the petitioner while Additional Government Pleader M. Sarangan appeared on behalf of the respondents.

Facts of the Case -

The petitioner had successfully completed his Post Graduate (PG) Course in the respondent college in April 2022. When he joined the course, he was a non service candidate and he had executed a bond undertaking to serve the Government of Tamil Nadu for a period of two years after completing the course. This bond period had subsequently been reduced to one year.

The question was whether the petitioner should be called upon to undergo such bond period of service. The counsel for the petitioner pointed out that as a student, he had rendered what is called as "Covid duty" and the same should be treated as a bond service. Since the petitioner's request was not considered, the writ petition was filed by him.

The High Court in view of the above facts directed the respondent college to return the petitioner's original certificates forthwith and without delay. It further directed the Directorate of Medical Education to formally relieve the petitioner from the bonded service within a period of four weeks.

Accordingly, the Court allowed the writ petition.

Cause Title- Dr. Wanbor Sungoh v. The State & Ors.

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