Madras High Court
D.M.Arasi vs The State Of Tamil Nadu on 29 March, 2022
W.A.No.611 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.03.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.611 of 2022
D.M.Arasi .. Appellant
Vs.
1. The State of Tamil Nadu
Rep by its Secretary
Department of Health & Family Welfare
Secretariat, Fort St. George
Chennai - 600 009.
2. The Director
Directorate of Medical Education
156, Poonamallee High Road
Kilpauk, Chennai - 600 010.
3. The Dean
Govt. Kilpauk Medical college
Chennai - 600 010. .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 04.02.2022 in W.P.No.1665 of 2022.
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W.A.No.611 of 2022
For the Appellant : Mr.R.Arumugam
For the Respondents : Mr.K.M.D.Muhilan
Government Advocate
for respondent 1
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
By this writ appeal, a challenge has been made to the order
dated 04.02.2022, whereby, the writ petition preferred by the
appellant was disposed of with appropriate directions.
2. It is a case where the appellant took admission in the Post
Graduate course and for that on furnished a bond. After completion
of the course, the appellant was under an obligation to serve the
respondent institution for two years. Accordingly, an order of
appointment was issued to the appellant on 25.09.2019 and she
was posted at the Government Hospital, Manamadurai, Sivagangai
District. The appellant did not join the service, after completion of
the course, for two years, but has filed the writ petition seeking
direction to the respondents to release her documents on the ground
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W.A.No.611 of 2022
that in the intervening period, no order of appointment was given to
her and therefore, she was not in default in taking the service
pursuant to the bond executed by her.
3. Learned Government Advocate produced the order of the
Director of Public Health and Preventive Medicine dated 02.03.2022
to show that the appellant was given appointment immediately on
completion of the course in the year 2019 itself and she did not join
the post and serve the institution for a period of two years, for
which, the bond was executed and accordingly, she became liable
for the consequences for flouting the bond.
4. The learned Single Judge, in order to save the appellant,
passed an appropriate order directing the respondents to issue an
order of appointment within a week from the date of copy of the
order. On receipt of the same, the appellant was directed to join the
service within a period of two weeks. However, instead of obeying
the direction given by the Court to settle the issue, a challenge to it
has been maintained by way of writ appeal, though in compliance of
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W.A.No.611 of 2022
the impugned order, an appointment order was issued on
02.03.2022 by the respondents.
5. Learned counsel for the appellant submits that no order of
appointment was ever given to the appellant, whereas the
respondents have produced a copy of the order of appointment
issued to the appellant.
6. In view of the above, this Court, if has to draw a conclusion
on the fact that the order of appointment was issued or it was not
issued, need to record a finding of fact which is not within the
domain under Article 226 of the Constitution of India. We otherwise
do not find any reason for the respondents to create an order of
appointment subsequently, as it has otherwise been issued by an
officer of the Government, that is, the Director of Public Health and
Preventive Medicine. The appellant, after getting admission by
furnishing a bond to serve the institution for a period of two years
on completion of the course, has failed to serve the institution,
especially when huge amount is incurred for imparting Post
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W.A.No.611 of 2022
Graduate course in medicine. It is minimum expected from the
candidates to serve the institution at least for two years and only for
that reason, a bond is required to be furnished. The object would fail
if the medical practitioner or the student would not obey the
condition of the bond.
7. The learned Single Judge, taking note of the above facts
into consideration, has rightly passed the order. Thus, we do not
find any error in the order of the learned Single Judge so as to cause
interference therein. The writ appeal fails and is, accordingly,
dismissed. Consequently, CMP.No.4336 of 2022 is also dismissed.
There will be no order as to costs.
(M.N.B., CJ.) (D.B.C., J.)
29.03.2022
Index : Yes/No
kpl/drm
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W.A.No.611 of 2022
To
1. The Secretary
Department of Health & Family Welfare
Secretariat, Fort St. George
Chennai - 600 009.
2. The Director
Directorate of Medical Education
156, Poonamallee High Road
Kilpauk, Chennai - 600 010.
3. The Dean
Govt. Kilpauk Medical college
Chennai - 600 010.
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W.A.No.611 of 2022
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
kpl/drm
W.A.No.611 of 2022
29.03.2022
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