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Justice Swaminathan of Madras High Court recently held that educational certificate is not a marketable commodity, hence no lien can be exercised against it under the Contract Act. Court directed theTamil Nadu government to return the certificates of 25 PG doctors.

The government had retained doctor's certificates as they had not served in Government Hospitals for a period of two years as undertaken during their admissions..

The above was held in a plea moved by doctors who obtained Post Graduate degree in the respective colleges during the academic years 2018-2021.  The doctors, while obtaining admission, had undertaken to serve in Government Hospitals for a period of two years and executed bonds to this effect. After they successfully completed their PG Courses in May 2021, they were called upon to do Covid-19 duty.

The doctors worked on temporary and contractual basis for about 10 months and were thereafter relieved. The counsel for the doctors submitted that they were not issued with any fresh posting orders subsequently. It was submitted that they wrote to the colleges and the authorities demanding return of their original certificates collected by the respective colleges at the time of admission.

The counsel for the government contended that since the doctors had not served for a full period of two years as per the bond terms and conditions, the original certificates could not be returned. It was further argued that the doctors are squarely bound by the terms of the undertaking which they had voluntarily given with open eyes at the time of admission and now they cannot be allowed to go back on their undertaking.

Court, on hearing their submissions, noted that similarly placed candidates have already been granted relief.  It was further noted that a writ petition was filed seeking similar reliefs and it was disposed off with certain directions.

An appeal against the order in the writ petition was filed and while it was pending consideration, the Director of Medical Education, issued an order instructing the respective Deans of the Government Medical Colleges to return the original certificates. Court noted that even though they did not fulfil the terms and conditions of the bond, they were able to get back their certificates.

The counsel for the government contended that the order cannot be cited as a precedent. It was contended that while in the earlier case, the Director has passed an order, in the present case, no such communication had been issued.

Court remarked the doctors are entitled to the relief on the ground that an educational certificate is not a marketable commodity, therefore, there cannot be exercise of any lien against it.

It was also observed that the persons who filed the previous case were classmates of the doctors in the present writ petition, therefore, a different yard stick cannot be adopted in the present case. Court held that it will be a gross violation if a different yardstick is exercised.

Court, therefore, directed that a Statutory Authority will have to treat similarly placed persons in the same manner and a failure to do so would be an infraction of Article 14 of the Constitution of India. Court, accordingly, directed the colleges to return the original certificates to the doctors within a period of 15 days from the date of receipt of a copy of the order.

Case title: Dr.S.Giridharan Vs State of Tamil Nadu