COVID Duty By PG Doctors Should Be Considered Bond Service: Madras High Court Directs Thanjavur Medical College To Return Original Certificates

Justice GR Swaminathan thus took a different view than that of a single judge of the Madras High Court recently. The court also observed that educational certificates were not marketable commodities under Section 171 of the Indian Contracts Act 1872. The court thus directed the Directorate of Medical Education to formally relieve the petitioner for the bonded service.

“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. Educational certificates are not marketable commodities within the meaning of Section 171 of the Indian Contract Act, 1872,” the court said.

The court was hearing a plea by Wanhor Sungoh who had completed his PG Course in Government Thanjavur Medical College in April 2022. At the time of joining the course, Sungoh was a non-service candidate and had executed a bond undertaking to serve two years after completing the course. This bond period was then reduced to one year.

The court noted that the issue involved was no longer res integra and the court had previously ordered for Covid duty to be set off against compulsory bond service period.

Though the Additional Advocate General informed the court about the recent order, the court also noted that the first bench of Madras High Court had taken the view that Covid duty should be considered a bond service. The court was thus inclined to allow relief to the petitioner and ordered accordingly.

Counsel for the Petitioner: Mr.Suhrith Parthasarathy

Counsel for the Respondent: Mr.M.Sarangan Additional Government Pleader

Citation: 2024 LiveLaw (Mad) 187

Case Title: Dr.Wanbor Sungoh v State

Case No: W.P(MD)No.9966 of 2024