Madras High Court
Dr.Vishnu Deepthi.S vs The State Of Tamil Nadu on 29 November, 2022
W.P.Nos.31847 of 2022 etc., batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P.Nos.31847, 31850, 31854, 31858 and 31862 of 2022
and W.M.P.Nos.31302, 31303, 31304, 31305 and 31307 of 2022
Dr.Vishnu Deepthi.S. ... Petitioner in WP.No.31847/2022
Dr.Niranjan.N. ... Petitioner in WP.No.31850/2022
Dr.S.Bhaskara Reddy ... Petitioner in WP.No.31862/2022
Dr.Avinash Kumar ... Petitioner in WP.No.31854/2022
Dr.Amit Kumar ... Petitioner in WP No.31858/2022
-Vs-
1.The State of Tamil Nadu,
Represented by its Principal Secretary,
Health and Family Welfare Department
Secretariat, Fort St. George,
Chennai- 600 009.
2.Directorate of Medical Education,
Represented by the Deputy Director of
Medical Education,
Kilpauk, Chennai – 600 010.
3.The Registrar,
The Tamil Nadu Dr. M.G.R. Medical University,
69, Anna Salai, Guindy, Chennai – 600 032.
4.The Dean,
Madras Medical College
Poonamallee High Road, Park Town
Chennai-3. ... Respondents in all WPs
https://www.mhc.tn.gov.in/judis
W.P.Nos.31847 of 2022 etc., batch
Prayer in W.P.No.31847 of 2022: Petitions filed under Article 226 of the
Constitution of India praying for the issuance of a Writ of Mandamus to direct the
respondents 1 and 2 to direct the 3rd respondent to return the original certificates
and documents of the petitioner regarding the M.Ch Surgical Oncology course
undergone by the petitioner and for consequential orders.
Common Prayer in W.P.Nos.31850, 31854, 31858 & 31862 of 2022:
Petitions filed under Article 226 of the Constitution of India praying for the
issuance of a Writ of Mandamus to direct the respondents 1 and 2 to direct the
3rd respondent to return the original certificates and documents of the petitioner
regarding the DM Neonatology course undergone by the petitioner and for
consequential orders.
In all WPs
For Petitioners : Mr.K.R.Laxman
For Respondents : Mr.U.M.Ravichandran
Special Government Pleader
COMMON ORDER
Since the issue raised in these writ petitions is common, with the consent
of the learned counsel appearing for both sides, all the writ petitions were heard
together and are disposed of by this common order.
2. These petitioners having completed the PG degree course in Medicine
joined in the Super Speciality Course at the respondent institutions. At the time
of joining the course i.e. Super Speciality course, apart from other certificates
which are in original submitted by the respective petitioners, they also executed
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W.P.Nos.31847 of 2022 etc., batch
a bond that after completing the Super Speciality course, they would work for
Government institution/ hospital for a period of two years.
3. Now all these petitioners have completed their Super Speciality course
by August 2020 and August 2021 as the case may be, however when they
approached the 4th respondent institution to get their original certificates, that
has not been given or refused by the said respondent institution by citing the
reason that since they have executed the bond to work for the hospital for two
years period, therefore within which they would not be considered for issuance of
the certificates. Only at that juncture, the present writ petitions have been filed.
4. Reiterating the aforesaid, the learned counsel for the petitioners would
submit that, since number of orders have been passed in similar circumstances,
where even though there is a bond within which if the services of the candidates
are not utilised by the Government readily they may be permitted to take back
the original certificates which they have given at the time of joining the course
concerned, after filing an undertaking affidavit to that effect that they will work
for the Government institutions/ hospital as and when they are required on
emergency basis in future. Therefore, that kind of indulgence can be shown in
these cases also as the petitioners are similarly situated, the learned counsel for
the petitioners contended.
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W.P.Nos.31847 of 2022 etc., batch
5. However, Mr.U.M.Ravichandran, learned Special Government Pleader
appearing for the respondents 1, 2 & 4 on instruction would submit that, the
petitioners now have completed the Super Speciality course, therefore they have
to work for the bond period of two years.
6. That apart, according to the learned Special Government Pleader, the
petitioners at the time of joining the PG degree course earlier even that time also
they executed a bond for working with the Government institutions/hospital for
two years even that bond period they have not worked. Therefore, the bond
period of two years after completing PG degree course and the bond period of
two years after completing Super Speciality course, totally 4 years still there to
be executed by the petitioners by working with the Government. Therefore, the
undertaking affidavit if at all they want to give, that would be given to for
covering both the period, the learned Special Government Pleader submitted.
7. I have considered the said submissions made by the learned counsel for
both sides and have perused the materials placed before this Court.
8. As has been rightly pointed out by the learned counsel for the
petitioners, the issue raised in these writ petitions is no more res integra as
number of such orders have been passed in similar circumstances and one such
order having been considered by this Court was passed in W.P.No.26461 of 2022
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W.P.Nos.31847 of 2022 etc., batch
etc. batch dated 17.10.2022 in the matter of P.Ruba Devi Vs. The State of Tamil
Nadu, where this Court has passed the following order:
“22. As has been rightly pointed out by the learned counsel
appearing for the petitioners which could not be controverted by
the learned Special Government Pleader for the respondents that,
the issue raised in these writ petitions is no more res integra as in
the Division Bench judgment in W.A.No.799 of 2021 dated
06.10.2022, the Division Bench has concluded this issue.
23. The Division Bench in fact has held that the bond period
is coterminous with the candidates concerned, therefore once the
bond period is over i.e. the two years as the case may be if it is
over within which if no offer of employment is given to whatever
reason by the respondents, then the candidates cannot be clutched
for any further period and they are entitled to get back their
certificates and they are free to go for any other organisation to
join or to go for any higher studies. Suppose in some cases if the
bond period is not completed, even though the petitioners are
ready and willing to work since there has been no offer given as of
now by the respondents, the petitioners cannot be clutched and
they cannot be kept idle without joining in any other course or in
any other job opportunity and therefore, the Government i.e. the
respondents themselves have come forward to make the offer that
within the bond period if they want to take back the certificates
and if they come forward to give an undertaking that whenever
they are called for an emergency they would come back and serve
for the bond period their certificates can be given back. The
petitioners also since have agreed upon to give such an
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W.P.Nos.31847 of 2022 etc., batch
undertaking, this Court having taken note of all these aspects is
inclined to dispose of these writ petitions with the following orders:
(i) That there shall be a direction to the respondents in all
these writ petitions to consider the request made by each of the
petitioners with regard to the returning back of the original
certificates which are held by the respondents as they have been
given by the respective petitioners at the time they joined in the
respective P.G. Degree courses or P.G. Diploma courses and return
back those certificates, in respect of the petitioners who
completed the two years bond period as of now, forthwith i.e.
within a period of two weeks from the date of receipt of a copy of
this order.
(ii) Insofar as W.P.No.27467 of 2022 is concerned, since for
a period of one year the petitioner had been in maternity leave and
despite the offer made in this regard by the respondents, the
petitioner could not serve because of the maternity leave and now
the petitioner has come forward to give an undertaking that
maternity leave period of one year taken by the petitioner would
be compensated by serving the respondent institution if such offer
is given in future in case of emergency. Therefore, with that
condition to give undertaking the petitioner is entitled to get back
the certificates.
(iii) Insofar as the W.P.No.27248 & 27249 of 2022 are
concerned, since the bond period are over, within the bond period
only covid-19 duty were offered to them and no regular duty has
been given or posting or appointments are given, these petitioners
in the said two writ petitions are free to get their certificates and
the certificates belong to them shall be returned back by the
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W.P.Nos.31847 of 2022 etc., batch
respondents without any further conditions.
(iv) Insofar as all other writ petitions are concerned, since
the bond period having not over as they have completed the P.G.
Degree Courses only in 2022, after getting written undertaking to
that effect as desired by the respondents from each of the
petitioners that they would be ready to serve to the
respondents/institutions/State Government when they are called
for due to emergency in future and with these undertaking
obtained from these petitioners individually, the respondents shall
release the certificates belongs to these petitioners. The needful
shall be undertaken by the respondents after getting these
undertaking from the petitioners within one week thereafter.
24. With these directions, all these Writ Petitions are
disposed of. However, there shall be no order as to costs.
Consequently, connected miscellaneous petition is closed.”
9. In view of the said orders passed by this Court, following the same, this
Court is inclined to dispose of these writ petitions with the following orders:
(i) That the petitioners are entitled to get the original
certificates which they produced at the time of joining in the Super
Speciality course as well as at the time of joining in the PG degree
course, if they are still with the respondents, on condition that the
petitioners shall file an undertaking affidavit individually to the
respondents assuring that, the petitioners would be ready and
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W.P.Nos.31847 of 2022 etc., batch
willing to work with the respondents i.e. Government hospital and
institutions in future in case of emergency and if any such call is
given by the respondents, that would be honoured by the
petitioners to join immediately to the duty with the Government
hospitals and institutions in future for the total bond period i.e. two
years bond period if that is executed after completion of PG degree
course and another two years bond period after completion of
Super Speciality course.
(ii) If such a compliance is made by the respective
petitioners by giving an undertaking affidavit as indicated above,
after receipt of the same, the respondents shall forthwith give back
the certificates pertaining to these petitioners.
(iii) It is made clear that in the affidavit to be executed by
each of the petitioners as indicated above, the petitioners shall
indicate their present address as well as permanent address for
future communication by the respondents.
10. It is further submitted by Mr.U.M.Ravichandran, learned Special
Government Pleader appearing for the respondents that, the Government
decided to give jobs to these doctors by utilizing their services in Government
Hospitals and in this regard, they already planned to have a counseling and after
completing the counseling, the candidates would be considered for giving
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W.P.Nos.31847 of 2022 etc., batch
appointment orders and that exercise would be over within a maximum period of
four months within which almost all these petitioners would get appointment
orders for utilizing their services during the bond period.
11. In this regard, the learned Special Government Pleader has produced
a circular issued by the Directorate of Medical Education dated 15.11.2022 in
Ref.No.086787/ME2/1/2022 dated 15.11.2022, wherein the following has been
stated.
“The Deans of Government Medical College under the control of
this Directorate are informed that, Appointment counseling in
respect of Non Service Post Graduate Candidates who have
completed their PG Courses from 2017-2022 and not issued
appointment orders so far is proposed to be conducted on the
following candidates:-
29.11.2022 – for the year 2017-2020 (S.No.1-330 (for 330 candidates)
22.11.2022 – for the year of 2021 (S.Nos.331-753 for 423 candidates)
29.11.2022 – for the year of 2022 (S.Nos.754-1153 (for 400 candidates)
24.11.2022 – for the year of 2022 (S.No.1154-1565 (for 412 candidates)
In this connection, the Deans are instructed to inform the
candidates (annexure enclosed) of the respective colleges to attend
the appointment counseling along with the following certificates
(attested Xerox copies) for verification on the above scheduled
dates respectively.
1. SSLC Certificate
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W.P.Nos.31847 of 2022 etc., batch
2. Higher Secondary School Certificate
3. MBBS Degree Certificate
4. Tamil Nadu Medical Council Registration Certificate
5. Post Graduate Degree / Diploma Certificate
6. Community Certificate
7. CRRI Certificate
The Deans are informed that in the Annexure enclosed, the
Date of Birth and also in certain cases the names of the institutions
is found missing. Hence, it is requested to send the Date of Birth
and the Name of the institution related to the candidates who
studied in their respective colleges to [email protected] by
16.11.2022 at 11 A.M., without fail so that a consolidated list can be
sent to Directorate of Public Health and Preventive Medicine,
Chennai for conduct of appointment counseling.”
12. Learned Special Government Pleader has clarified that, this circular
relates to the doctors who completed the PG Course, who would be first involved
in the counseling as proposed in the circular dated 15.11.2022 and after
completing the same, the Government plans to have another counseling for
doctors who have completed Super Speciality course. Therefore, within a period
of four months, they will also be roped in the counseling and their services will
be utilized appropriately.
13. Considering these aspects, apart from the regular conditions being
imposed by this Court for returning back of the original certificates to the
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W.P.Nos.31847 of 2022 etc., batch
respective petitioners, one additional condition is also imposed stating that, in
view of the decision now having been taken by the Government to utilize the
services of the petitioners, in the undertaking affidavit to be submitted by each
of the petitioners, as indicated above, they shall also give an undertaking that,
“If the Government has come forward to utilize the services of
the petitioners by including them for counseling to be called for,
they are ready and willing to participate in the counseling and
depending upon the availability of the vacancies and the orders
to be passed by the respondents giving appointment /
engagement of the petitioners and similarly placed persons,
these petitioners are ready to take up such appointments and
work in the institutions / hospitals concerned, where such
postings are given by the respondents.”
14. With the above observations and directions, these Writ Petitions are
disposed of. No costs.
29.11.2022
Index : Yes / No
Speaking Order: Yes / No
KST
To
1.The Principal Secretary,
State of Tamil Nadu,
https://www.mhc.tn.gov.in/judis
W.P.Nos.31847 of 2022 etc., batch
Health and Family Welfare Department
Secretariat, Fort St. George,
Chennai- 600 009.
2.The Deputy Director of Medical Education,
Directorate of Medical Education,
Kilpauk, Chennai – 600 010.
3.The Registrar,
The Tamil Nadu Dr. M.G.R. Medical University,
69, Anna Salai,
Guindy, Chennai – 600 032.
4.The Dean
Madras Medical College
Chennai-3.
https://www.mhc.tn.gov.in/judis
W.P.Nos.31847 of 2022 etc., batch
R.SURESH KUMAR, J.
KST
W.P.Nos.31847, 31850, 31854,
31858 and 31862 of 2022
29.11.2022
https://www.mhc.tn.gov.in/judis
