Madras High Court
Unknown vs The State Of Tamil Nadu on 31 October, 2022
W.P.No.28700 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.10.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P.No.28700 of 2022
and W.M.P.Nos.27984, 27985 & 27987 of 2022
1. Dr.K.Aarthi
2. Dr.Arunthathi
3. Dr.Teenu M Paul
4. Dr.Elizabeth Maria Thomas
5. Dr.S.Abinaya
6. Dr.Lakshya K
7. Dr.M.Vinodhini
8. Dr.Nikhil Sanjeev K
9. Dr.S.Madhava Sundari
10.Dr.Nishevitha
11.Dr.M.Srividhya
12.Dr.R.M.Monisha
13.Dr.M.Jeevanandham
14.Dr.D.Godandaraman
15.Dr.S.Karthick
16.Dr.Satheya C.
17.Dr.Ra,achandran M
18.Dr.Sharon S
19.Dr.N.Ranjani
20.Dr.Bhuvaneswari R.
21.Dr.Kishor S.
22.Dr.Remughi N.G.
23.Dr.B.Praveen
24.Dr.M.Chandini
25.Dr.J.Ganesh Prabhu
26.Dr.A.Susmitha
27.Dr.A.Yogesh
28.Dr.R.M.Priyangha
29.Dr.Anitha R
30.Dr.Seetha G.
31.Dr.Shajitha Aafrin M
32.Dr.M.P.Jethifa
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W.P.No.28700 of 2022
33.Dr.K.Nurpavi
34.Dr.KSN Aadhavi
35.Dr.Jalil Fawthn S
36.Dr.T.Divya
37.Dr.Bala Brindha
38.Dr.S.Bhuvaneswari
39.Dr.Diana Lourdayyan Raja
40.Dr.P.Anitha
41.Dr.S.D.Dheebika
42.Dr.Shree Shruthi Badrinath
43.Dr.E.Sri Vaishnavi Devi
44.Dr.C.R.Vijayaraaghavan ... Petitioners
-Vs-
1.The State of Tamil Nadu,
Represented by its Principal Secretary,
Health and Family Department,
Secretariat, Chennai – 600 009.
2.The Directorate of Medical Education,
Represented by the Deputy Director of
Medical Education,
Kilpauk, Chennai – 600 010.
3.The Dean Tirunelveli Medical College
and Hospital, Tirunelveli
Tirunelveli District.
4.The Dean Madurai Medical College
Panagal Road Alwarpuram Madurai
625 020.
5.The Dean KAPV Government Medical College
Trichy, Trichy District.
6.The Dean Government Mohan Kumaramangalam
Medical College and Hospital,No. 8 Fort Main Road
Shevapet Salem- 636002
7.The Dean Stanley Medical College
No. 1 Old Jail Rd, George Town, Chennai - 600001
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W.P.No.28700 of 2022
8.The Dean
Govt. Thoothukudi Medical College and
Hospital, Thoothukudi- 628 002
9.The Dean, Theni Medical College
Theni, Theni District.
10.The Dean Madras Medical College
Near Park Town Station, Poonamallee
High Road,Park Town, Chennai 03
11.The Dean
Thanjavur Medical College Thanjavur. ... Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the
issuance of a Writ of Mandamus directing the respondents to return the original
certificates of the petitioners collected by the respondents 3 to 11 at the time of their
admission in their respective post graduation courses.
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 to return the original certificates of the petitioners retained by the 3rd to
11th 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.
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W.P.No.28700 of 2022
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 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 afore stated would seek the indulgence of this Court and the
learned counsel would also submit that, insofar as the bond period is concerned, though
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W.P.No.28700 of 2022
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.
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
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W.P.No.28700 of 2022
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 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
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W.P.No.28700 of 2022
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.”
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
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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 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.”
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W.P.No.28700 of 2022
9. With the above directions, this Writ Petition is disposed of. No costs.
Consequently, connected miscellaneous petitions are closed.
31.10.2022
Index : Yes / No
Speaking Order: Yes / No
Note : Issue order copy on 03.11.2022
kst
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 Tirunelveli Medical College
and Hospital, Tirunelveli
Tirunelveli District.
4.The Dean Madurai Medical College
Panagal Road Alwarpuram Madurai
625 020.
5.The Dean KAPV Government Medical College
Trichy, Trichy District.
6.The Dean Government Mohan Kumaramangalam
Medical College and Hospital,No. 8 Fort Main Road
Shevapet Salem- 636002
7.The Dean Stanley Medical College
No. 1 Old Jail Rd, George Town, Chennai - 600001
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W.P.No.28700 of 2022
8.The Dean
Govt. Thoothukudi Medical College and
Hospital, Thoothukudi- 628 002
9.The Dean, Theni Medical College
Theni, Theni District.
10.The Dean Madras Medical College
Near Park Town Station, Poonamallee
High Road,Park Town, Chennai 03
11.The Dean
Thanjavur Medical College Thanjavur.
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W.P.No.28700 of 2022
R. SURESH KUMAR, J.
kst
W.P.No.28700 of 2022
31.10.2022
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