Return certificates obtained for PG medical admissions, HC orders

CHENNAI: Holding that the educational certificates are not the market commodities, the Madras High Court directed the directorate of medical education and six government medical colleges to return the original certificates within 15 days to the candidates who produced the same for getting PG medical admissions as part of bond condition asking them to serve in GHs for two years.

“It is well settled that an educational certificate is not a marketable commodity, therefore, there cannot be an exercise of any lien in terms of Section 171 of the Indian Contract Act, 1872. It has been held in a catena of cases that management cannot retain the certificates of the students,” Justice G R Swaminathan held.

The judge passed the direction on disposing of a petition filed by 22 PG doctors who completed their PG courses in Madras Medical College, Kilpauk Medical College, Stanley Medical college, and medical colleges in Madurai, Theni, and Thoothukkudi in the period of 2018-2021.

The petitioners prayed for a direction to the respondents to return their original certificates which they surrendered during the time of getting PG admissions.

“The students who got relief were the classmates of this writ petitioners herein. Therefore, a different yardstick cannot be adopted in the present case. That shall be a gross violation. A statutory authority will have to treat similarly placed persons in the same manner. Failure to do so would be an infraction of Article 14 of the Constitution of India,” the judge noted and directed the respondents to return the original certificates to the writ petitioners within a period of 15 days.

The judge passed the orders on the grounds that DME had ordered to return the certificates for certain candidates who filed a writ appeal before the HC.

The government pleader submitted that during the admission process these students had given an undertaking stating that they will serve in the GHs for two years upon completion of the course.

“Since they have not acted as per the bond, the certificates cannot be returned, ” the GP noted.

However, the petitioners pointed out that they were appointed as contract doctors during the pandemic and after that, they were not posted anywhere.