Madras High Court
Dr.C.Preethi vs The State Of Tamil Nadu on 28 October, 2022
W.P.No.28695 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.10.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P.No.28695 of 2022 and
W.M.P.Nos.27974 & 27975 of 2022
1.Dr.C.Preethi
2.Dr.R.Amin Hanan
3.Dr.S.Sharmila Poorani
4.Dr.Yamini.S
5.Dr.S.Myilvendhan
6.Dr.Dinagaran.M
7.Dr.R.S.Bansidhar
8.Dr.P.Nivetha
9.Dr.Aashmi Chandrikaa.S
10.Dr.Manojkumari.S
11.Dr.Dharmalingam.M
12.Dr.S.Elakkiya
13.Dr.Surendar.P
14.Dr.Janani.S
15.Dr.Meena.C
16.Dr.Rishwanth V.S.
17.Dr.Sribalaji S
18.Dr.L.Ve.Rekha
19.Dr.Rohini.N
20.Dr.Kirthana.C
21.Dr.Aravind.G ... Petitioners
Vs
1.The State of Tamil Nadu,
Represented by its Principal Secretary,
Health and Family Department,
Secretariat, Chennai – 600 009.
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W.P.No.28695 of 2022
2.The Directorate of Medical Education,
Represented by the Deputy Director of
Medical Education,
Kilpauk, Chennai – 600 010.
3.The Dean, Government Kilpauk Medical College,
No.822, Poonamallee High Road,
Near Ega Theatre, Kilpauk,
Chennai – 600 010.
4.The Dean, Tirunelveli Medical College,
Tirunelveli.
5.The Dean, Madurai Medical College,
Panagal Road, Alwarpuram,
Madurai – 625 020.
6.The Dean, KAPV Government Medical College,
Trichy, Trichy District.
7.The Dean, Stanley Medical College,
No.1, Old Jail Road,
George Town, Chennai – 600 001.
8.The Dean, Madras Medical College,
Near Park Town Station,
Poonamallee High Road,
Park Town, Chennai – 600 003.
9.The Dean, Thanjavur Medical College and
Hospital, Thanjavur, Thanjavur District. ... Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for
the issuance of a Writ of Mandamus directing the respondents 1 and 2 to return the
original certificates of the petitioners retained by the 3rd to 9th respondents
regarding the Post Graduation Courses of the petitioners respectively.
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W.P.No.28695 of 2022
For Petitioners : Mr.K.R.Laxman
For Respondents : Mr.U.M.Ravichandran
Special Government Pleader
ORDER
The prayer sought for in this writ petition is for a writ of mandamus
directing the respondents 1 and 2 to return the original certificates of the
petitioners retained by the 3rd to 9th respondents regarding the Post Graduation
Courses of the petitioners respectively.
2. These petitioners after completing the U.G. Degree in Medicine joined in
P.G. Degree Courses and at the time of admission of P.G. Courses, when they
submitted their certificates, apart from them, a bond was asked to be executed by
the petitioners, under which, the petitioners had executed the bond stating that the
petitioners would work for the institution/Government for two years period after
they completed the P.G. Degree course.
3. Accordingly, they completed the P.G. Degree course in May 2022,
thereafter the petitioners service have so far not been utilised by the respondents
by offering any job to the petitioners. Now the petitioners want to pursue their
further higher studies or to join in any employment opportunities in any other
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W.P.No.28695 of 2022
institution or hospitals and for the said purpose, when they approached the
respondents to get the U.G. Degree original certificates and other certificates
submitted at the time of joining in the P.G. Degree course, the respondents
especially the respondents 3 to 9 stated that, since the bond period of two years
executed by them is yet to be over, within the said period, the petitioners would
not be provided with the original certificates.
4. Therefore in order to get the said certificates, the petitioners have moved
the present writ petition.
5. Heard Mr.K.R.Laxman, learned counsel appearing for the petitioners,
who having reiterated the aforestated would seek indulgence of this Court and the
learned counsel would also submit that, insofar as the bond period is concerned,
though the petitioners are ready and willing to work, their services are not utilised
by the respondents. Therefore, the respondents may be directed to return back the
original certificates and the petitioners would give an undertaking affidavit to the
respondents that whenever for the remaining bond period if the petitioners service
are required on emergency basis, on that basis if they are called for working to the
institution, they are ready and willing to work with the respondent institution.
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W.P.No.28695 of 2022
6. Heard Mr.U.M.Ravichandran, learned Special Government Pleader
appearing for the respondents who would submit that, the issue raised in this writ
petition has already been considered in number of cases and he has produced a
copy of the order dated 17.10.2022 in a batch of writ petitions in W.P.No.26461 of
2022 etc. batch in the matter of P.Ruba Devi Vs. The State of Tamil Nadu, where,
inter alia the Court, after hearing both sides, has passed the following orders:
“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
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W.P.No.28695 of 2022
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
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
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W.P.No.28695 of 2022
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 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.”
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W.P.No.28695 of 2022
7. Relying upon the said judgment, the learned Special Government Pleader
would contend that, insofar as the petitioners' case is concerned, since the bond
period is admittedly not yet over, they would be covered by sub-clause (iv) of para
23 of the order referred to above.
8. I have considered the said submissions made by the learned counsel for
both sides. As has been rightly pointed out by the learned Special Government
Pleader, the issue raised in this writ petition is no more res integra as number of
similar cases as that of the case projected by the petitioners having been
considered was disposed of. In that view of the matter, this Court is inclined to
dispose of this writ petition with the following orders:
That there shall be a direction to the respondents 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 Course and return
back those certificates after getting an undertaking affidavit from
each of the petitioners to the effect that the petitioners would be ready
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W.P.No.28695 of 2022
and willing to work with the institution if they are called for in future
on the basis of any emergency by the respondents and with the said
conditions, the certificates of the petitioners can be returned back by
the respondents immediately.
9. With the above directions, this Writ Petition is disposed of. No costs.
Consequently, connected miscellaneous petitions are closed.
28.10.2022
Index : Yes / No
Speaking Order: Yes / No
Note : Issue order copy on 31.10.2022
Sgl
https://www.mhc.tn.gov.in/judis
W.P.No.28695 of 2022
To
1.The Principal Secretary,
State of Tamil Nadu,
Health and Family Department,
Secretariat, Chennai – 600 009.
2.The Deputy Director of Medical Education,
The Directorate of Medical Education,
Kilpauk, Chennai – 600 010.
3.The Dean, Government Kilpauk Medical College,
No.822, Poonamallee High Road,
Near Ega Theatre, Kilpauk,
Chennai – 600 010.
4.The Dean, Tirunelveli Medical College,
Tirunelveli.
5.The Dean, Madurai Medical College,
Panagal Road, Alwarpuram,
Madurai – 625 020.
6.The Dean, KAPV Government Medical College,
Trichy, Trichy District.
7.The Dean, Stanley Medical College,
No.1, Old Jail Road,
George Town, Chennai – 600 001.
8.The Dean, Madras Medical College,
Near Park Town Station,
Poonamallee High Road,
Park Town, Chennai – 600 003.
9.The Dean, Thanjavur Medical College and
Hospital, Thanjavur, Thanjavur District.
https://www.mhc.tn.gov.in/judis
W.P.No.28695 of 2022
R. SURESH KUMAR, J.
Sgl
W.P.No.28695 of 2022 and
W.M.P.Nos.27974 &27975 of 2022
28.10.2022
https://www.mhc.tn.gov.in/judis
