Taking into account the financial position of a doctor, aspiring to pursue higher studies, the Madurai Bench of the Madras High Court has allowed her to furnish adequate security instead of a bank guarantee.
The court was hearing the petition filed by R. Elanthendral who completed her MBBS in 2016. Subsequently, she completed her Diploma in Child Health and was appointed as Assistant Surgeon in Avudaiyarkoil Government Hospital in 2019.
The petitioner wants to pursue a Post Diploma Course in Paediatrics and has been selected for the course after successfully clearing the entrance examination. However, her original certificates were not returned to her as she was unable to furnish a bank guarantee.
According to the order issued by the Health and Family Welfare Department, it is mandated that a candidate should furnish a bank guarantee of ₹20 lakh, if they want to pursue higher studies and then rejoin government service.
The petitioner said that she hails from a middle class family and her family was not in a position to furnish the bank guarantee of ₹20 lakh. The State argued that notification was issued so that candidates do not breach the condition to serve the government.
Refusing to interfere with the government order, Justice C. Saravanan allowed the petitioner to furnish adequate security instead of a bank guarantee. She shall furnish a post dated cheque for 50 % of the bond amount favouring the Director of Medical Education.
The petitioner was also directed to furnish post dated cheques for the stipend amount paid to her. The certificates of the petitioner shall be returned to her after she abides by the conditions, the court said.
On completion of the course she shall report to the Director of Medical Education to be deployed in a government hospital. After the petitioner rejoins service, the amount encashed by the Director of Medical Education shall be refunded to the petitioner with interest, the court said.
