Madras High Court
Dr.G.Subash vs The State Of Tamil Nadu on 6 July, 2022
W.P.No.13562 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.13562 of 2022 &
W.M.P.Nos.12764 & 12766 of 2022
1.Dr.G.Subash
2.Dr.B.Bhuvanesh Kumar
3.Dr.N.Manikandan
4.Dr.S.Divyadurga
5.Dr.Bhukya Jyothiswaroop Naik
6.Dr.Valarmathi
7.Dr.B.Akila
8.Dr.Arun Prakash E.M.
9.Dr.R.Karthikeyan
10.Dr.M.Madhachand
11.Dr.A.Nabeel Thahseen
12.Dr.Suresh Paul Raj M
13.Dr.Aveni Koza ... Petitioners
vs.
1.The State of Tamil Nadu,
Rep. By its Principal Secretary,
Health and Family Department,
Secretariat, Chennai – 600009.
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W.P.No.13562 of 2022
2.Director of Medical Education,
Represented by the Director of Medical Education,
Kilpauk, Chennai – 600 010.
3.The Government Kilpauk Medical College,
Represented by its Dean, Poonamallee High Road,
Kilpauk, Chennai – 600 010.
4.Madurai Medical College,
Represented by its Dean,
Panagal Road, Alwarpuram,
Madurai – 625 050.
5.Stanley Medical College,
Represented by its Dean,
No.1, Old Jail Road,
Chennai – 600 001.
6.Government Vellore Medical College,
Represented by its Dean,
Sapthalipuram, Pennathur,
Madurai – 625 050.
7.Thirunelveli Government Medical College,
Represented by its Dean,
3, High Ground Road, Palayamkottai,
Tirunelveli, Tamil Nadu – 627 011. ...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India for
writ of Mandamus directing the respondents to return the original certificates
of the petitioners collected by the 3rd to 7th respondents at the time of their
admission.
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W.P.No.13562 of 2022
For Petitioners : Mr.R.Singaravelan, Senior Counsel,
for Mr.E.Manoharan
For Respondents : Mr.K.H.Ravi Kumar,
Government Advocate
ORDER
This writ petition has been filed for a mandamus seeking for a
direction to the respondents to return the original certificates back to the
respective petitioners.
2. Heard Mr.R.Singaravelan, learned Senior Counsel representing
Mr.E.Manoharan, learned counsel for the petitioner and Mr.K.H.Ravikumar,
learned Government Advocate appearing for the respondents.
3. Learned Government Advocate appearing for the respondents on
instructions would submit that the respondents are willing to return back the
original certificate to the petitioners who have not been given posting in the
Government Departments provided they give a letter of undertaking as per
the format prescribed by the respondents.
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W.P.No.13562 of 2022
4. Learned Government Advocate appearing for the respondents has
placed reliance of the Division Bench Order dated 29.06.2022 passed in
W.A.Nos.1472 & 1422 of 2022 and the relevant portion of the said
judgment is extracted hereunder:
“3. Learned State Government Pleader has placed on
record a copy of the instructions dated 29.06.2022 issued
by the Director of Medical Education, the last para of
which is quoted under:
“As per the instructions of Hon-ble High
Court the certificates of Doctor for whom
posting could not be given due to vacancy
position will be returned with an undertaking to
offer their services, if they are called during
their bond period (2 years) in Emergency
Situation in Health Department.”
A decision has been taken to return the
documents/papers to the candidates to whom the posting
could not be given due to the vacancy position with
undertaking to offer service if they were called during the
bond period of two years in emergency situation in the
Health Department.
4. Learned counsel appearing for the candidates
have no objection in accepting the aforesaid and
accordingly, the writ appeals are disposed of with a
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W.P.No.13562 of 2022
direction to the official respondents to return the
documents to the candidates on a condition that has been
quoted above. The undertaking to offer their service by
the candidates would be furnished within a week and
thereupon, the documents/papers pertaining to their
qualification would be released. With the aforesaid, the
judgment of the learned Single Judge is modified. No
costs. Consequently, connected miscellaneous petitions
are closed.”
5. However, learned counsel for the petitioners would submit that the
Division Bench Judgment referred to supra is a consent order whereas in the
instant case, the petitioners seek for return of original certificates
unconditionally and they are not agreeable for any conditions to be imposed
upon them. He would further submit that in the case of the petitioners who
are in Government Service also, the original certificates must be returned by
the respondents and it can be substituted by way of photocopy or notarized
copy of the certificates.
6. The submissions made by the respective counsels are recorded. No
prejudice would be caused to the respective petitioners who have not been
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W.P.No.13562 of 2022
given posting in the Government Department, if the undertaking/declaration
as recorded by the Division Bench of this Court in paragraph 3 of the
Judgment dated 29.06.2022 passed in W.A.Nos.1472 & 1422 of 2022
referred to supra is given by the respective petitioners.
7. Accordingly, the respondents are directed to return the original
certificates back to the respective petitioners who have not been granted
posting in the Government Department by the respondents after receiving an
undertaking from them as stated supra within a period of one week from the
date of receipt of copy of this Order. Insofar as the Doctors who have been
given placement by the respondents in various departments are concerned,
the question of return of the original certificates will not arise as they are still
in service and once their bond period is over, the respondents will have to
return the original certificates back to them automatically.
8. With the aforesaid direction, this Writ petition is disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
06.07.2022
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Index:Yes/No
Internet:Yes/No
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W.P.No.13562 of 2022
Speaking/Non-speaking orders
To
1.The Principal Secretary,
Health and Family Department,
Secretariat, St.George Fort, Chennai – 600 009.
2.Director of Medical Education,
Represented by the Director of Medical Education,
Kilpauk, Chennai – 600 010.
3.The Government Kilpauk Medical College,
Represented by its Dean, Poonamallee High Road,
Kilpauk, Chennai – 600 010.
4.Madurai Medical College,
Represented by its Dean,
Panagal Road, Alwarpuram,
Madurai – 625 050.
5.Stanley Medical College,
Represented by its Dean,
No.1, Old Jail Road, Chennai – 600 001.
6.Government Vellore Medical College,
Represented by its Dean,
Sapthalipuram, Pennathur,
Madurai – 625 050.
7.Thirunelveli Government Medical College,
Represented by its Dean,
3, High Ground Road, Palayamkottai,
Tirunelveli, Tamil Nadu – 627 011.
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W.P.No.13562 of 2022
ABDUL QUDDHOSE, J.
nl
W.P.No.13562 of 2022
06.07.2022
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