Study leave for postdoctoral fellowship requires a bank guarantee or post-dated cheque equal to the bond amount.

The petitioner joined the Doctorate of Medicine (D.M.) course in Medical Gastroenterology at Government Coimbatore Medical College on 21 February 2023 and completed it on 20 February 2026.

At admission, she executed a ₹50,00,000 bond undertaking to serve the Government of Tamil Nadu for two years after completion of the course and deposited her original certificates with the authorities.

Following counselling, she was posted as Assistant Professor at Kalaignar Centenary Super Specialty Hospital on 13 February 2026.

After being selected for a one-year Post-Doctoral Fellowship Programme in Medical Gastroenterology at GEM Hospital, Chennai, the petitioner sought leave without pay from 15 September 2026 and expressed her willingness to complete the remaining bond-service period after the fellowship.

The concerned authorities directed her to approach each other, but her request was not decided, leading to the present writ petition under Article 226 of the Constitution.

The respondents submitted that, under G.O.(Ms.) No.185 dated 13 April 2020 read with G.O.(Ms.) No.507 dated 3 November 2025, the petitioner was required to furnish either a bank guarantee or a post-dated cheque for the bond amount to avail study leave.

The petitioner contended that such security was unnecessary because she was not seeking return of her original certificates and was willing to complete the remaining bond service; she relied on G.O.(D.) No.1445 dated 27 November 2023.

Whether the petitioner could be granted study leave to pursue the Post-Doctoral Fellowship Programme without furnishing a bank guarantee or post-dated cheque equivalent to the bond amount.

Whether G.O.(D.) No.1445 dated 27 November 2023 applied to the petitioner’s case so as to dispense with the security requirement.

Whether, upon furnishing the prescribed security, the petitioner was entitled to proceed on study leave and thereafter complete the balance bond-service period.

The Court applied G.O.(Ms.) No.185, Health and Family Welfare (MCA-1) Department, dated 13 April 2020, read with G.O.(Ms.) No.507 dated 3 November 2025, which require a candidate seeking leave to pursue further medical studies to furnish security equivalent to the bond amount, either by way of a bank guarantee or a post-dated cheque.

The Court held that G.O.(D.) No.1445 dated 27 November 2023 was confined to 198 candidates who could not immediately be accommodated for bond service after completing their postgraduate course and therefore did not govern the petitioner’s case.

The Court further observed that earlier coordinate-bench decisions relying on G.O.(D.) No.1445 without considering G.O.(Ms.) Nos.185 and 507 were per incuriam.

The writ jurisdiction under Article 226 was accordingly exercised to grant conditional relief consistent with the applicable Government Orders.

The petitioner’s request involved temporary absence from her bond-service posting to pursue an additional fellowship, while preserving her obligation to complete the unserved portion of the two-year bond period.

The Court rejected her reliance on G.O.(D.) No.1445 because that order addressed a specific category of 198 candidates who had not been accommodated for bond service immediately after postgraduate completion, whereas the petitioner had already been posted and had sought leave during her service.

Applying G.O.(Ms.) Nos.185 and 507, the Court held that the petitioner could avail study leave only upon furnishing security equal to the bond amount.

Her willingness to complete the remaining service and her decision not to seek return of the original certificates did not displace the express security requirement under the applicable Government Orders.

The Court therefore balanced the petitioner’s educational interest with the State’s need to secure performance of the bond by permitting leave subject to a bank guarantee or post-dated cheque.

Upon furnishing such security, Respondents 2 and 3 were directed to grant her study leave to complete the Post-Doctoral Fellowship Programme at GEM Hospital, Chennai.

After completing the fellowship, the petitioner was required to complete the balance bond-service period of one year and seven months.

The writ petition was disposed of. No costs were awarded, and the connected miscellaneous petitions were closed.