Madras High Court
Dr.Anna Kurian Mullasseril vs The State Of Tamil Nadu on 8 February, 2023
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 08.02.2023
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
W.P.No. 1794 of 2023
Dr.Anna Kurian Mullasseril ... Petitioner
..Vs..
1. The State of Tamil Nadu
Represented by its Principal Secretary
Health and Family Department
Secretariat, Chennai – 600 009.
2. Directorate of Medical Education
Represented by the Director of Medical Education
Kilpauk, Chennai – 600 010.
3. Thanjavur Medical College
Represented by its Dean
Medical College Road,
Thanjavur – 613 004. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Mandamus directing respondents to return the
original certificates of the petitioner collected by the third respondent at the
time of her admission and provide her original post graduate degree
certificate.
https://www.mhc.tn.gov.in/judis
2
For Petitioner :: Mr. E.Manoharan
For 1st Respondent :: Ms. P.Rajarajeswari
Government Advocate
ORDER
The Writ Petition has been filed in the nature of a Mandamus seeking
a direction to the respondents to return the original certificates of the
petitioner collected by the third respondent / Thanjavur Medical College at
the time of her admission and provide her original post graduate degree
certificate.
2. The petitioner had done her post graduation course at the third
respondent college, namely, Thanjavur Medical College between 2016-
2019. She had obtained the seat as a Non Service candidate. She had to
execute a bond for a sum of Rs.40/- lakhs with an undertaking that she
would serve the Government for a period of not less than two years. She
had not been given any posting consequent to execution of the bond. She
had given a representation and now, she seeks a return of the original
certificates collected by the third respondent.
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3. Let me not traverse further on the facts, consequent to the
statement made on behalf of the respondents that on verification of the
appointment and posting order particulars, it had been ascertained that no
positing order had been issued to the petitioner from the year 2019 till date.
Issues like this are covered by a Judgment of the Division Bench in
W.A.No. 799 of 2019 which had been subsequently re-inforced by passing
of an Government Order in G.O.Ms.No. 277 Health and Family Welfare
(MCA-1) Department, dated 09.06.2021.
4. In the Writ Appeal, it had been held that the respondents must
return back the certificates to those candidates whom posting had not been
given within a period of two years. The Division Bench had held as
follows:-
“103. Our conclusions, therefore,
are:
i. There is no material difference
between the status of students occupying
the State seats and All India Quota seats,
in as much as they enjoy the educational
facilities at par with each other, with the
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same subsidies and the same expenses
being borne by the State Government.
ii. The conditions in the brochures
for the years 2014~2015, 2015~2016 or
the other brochures do not exempt the
candidates of All India Quota seats from
any condition of bond being executed by
them and, therefore, the execution of the
bonds voluntarily by such candidates will
be presumed to be under the terms and
conditions of the said brochures.
iii. The concessions made by the
State Government and the letters
addressed in this regard, particularly the
letter communication dated 17.7.2017, or
the admissions referred to in paragraphs
(62) to (64) of this judgment, cannot
confer any benefit contrary to the terms
and conditions of the brochures.
iv. The intimation given under the
Right to Information Act by the Central
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Government, as referred to in paragraph
(65) of this judgment, cannot also absolve
the All India Quota seat occupants from
discharging their liability by the bonds
which they have voluntarily filled up, and
to which agreement the Central
Government is not a party. Any such
clarification issued does not come to the
aid of the writ petitioners.
v. The judgment of the Apex Court
in the case of Association of Medical
Superspeciality Aspirants and Residents
and others (supra) lays down the law and,
therefore, any judgment rendered by this
Court previously to the contrary does not
hold water and cannot be taken benefit of
by the writ petitioners. vi.The period of
applicability of the conditions under the
bond will be co~terminus with the period
of two years from the date a candidate
successfully passes out the course, as
explained above, and would not continue
beyond the same. vii.The candidates who
have not been offered appointment within
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the period of two years would be entitled
to release of their certificates
accordingly.”
(Emphasis supplied) ”
5. It is thus seen that they have held that those candidates, who
are not given appointment within a period of two years would be entitled for
release of the certificate. The petitioner stands on the same footing.
6. The Writ Petition stands allowed. A direction is issued to the
third respondent to return back the certificates of the petitioner within a
period of four weeks from the date of receipt of a copy of this order. No
order as to costs.
08.02.2023
vsg (½)
Index: Yes/No
Internet: Yes/No
Speaking / Non Speaking Order
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To
1. The Principal Secretary
The State of Tamil Nadu
Health and Family Department
Secretariat, Chennai – 600 009.
2. Directorate of Medical Education
Represented by the Director of Medical Education
Kilpauk, Chennai – 600 010.
3. Thanjavur Medical College
Represented by its Dean
Medical College Road,
Thanjavur – 613 004.
https://www.mhc.tn.gov.in/judis
C.V.KARTHIKEYAN, J.,
vsg
W.P.No. 1794 of 2023
08.02.2023
(½)
https://www.mhc.tn.gov.in/judis
