Madras HC Slams Medical College: Return Documents to MCh Doctor After 4-Year Bond Dispute

A doctor whose bond service posting had not been issued within the stipulated time frame was recently ruled in his favor by the Madras High Court. The court directed the Madras Medical College to return the doctor’s original certificates, as the bond period had already expired without any action from the authorities.

The directive was made by Justice N. Mala, who observed that four years having elapsed since the petitioner's super speciality course had been completed, no formal posting order had yet been issued as per the bond agreement. The judge made it clear that since the bond service window had expired long back, there was no reason to continue holding the doctor's documents.

In delivering its verdict, the court referenced a previous ruling by a Division Bench, which had held that if a government fails to provide employment within the two-year bond period, the concerned candidate cannot be bound beyond that period. Therefore, the candidate may reclaim their original certificates.

The petitioner, being a qualified medical practitioner, had done his MBBS in the year 2010 from the Armed Forces Medical College affiliated with the Maharashtra University of Health Sciences. He continued to study for a DNB in General Surgery from the National Board of Examinations and an MS in General Surgery from Kerala University of Health Sciences in 2016. Thereafter, he pursued the Master of Chirurgiae (Plastic and Reconstructive Surgery) at Madras Medical College in August 2017, graduating from the course in December 2020.

He stated that although he belonged to the 2020 Tamil Nadu batch of Non-Service Post Graduate (Higher Speciality), he never received a bond service posting order. While some of his peers received call letters for counseling in December 2021, the petitioner was excluded. He further claimed that he was informed there were no vacancies under his specialization, although he was fully prepared to serve as per the bond conditions.

The doctor further informed that he had made a formal representation to the authorities on March 8, 2025, seeking the recovery of his original certificates, but no response was received. Not having any other option, he went to court for relief.

Considering the facts given, the court stated that even if the petitioner did not show up at the counseling session in December 2021, the authorities were still bound to give him a posting, which they did not do. Thus, the court found no grounds to retain the certificates any longer.

“In view of the above discussions, a direction is issued to the fourth respondent to return the petitioner’s original certificates, which were submitted at the time of admission into the M.Ch. program, within a period of four weeks from the receipt of this order,” the court concluded.

(Input from various sources)

(Rehash/Sai Sindhuja K/MSM)