Madras High Court
Dr.D.Dharma Kumaran vs The State Of Tamil Nadu on 20 July, 2023
W.P.Nos.16937, 16945 and 16949 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2023
CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
W.P.Nos.16937, 16945 & 16949 of 2023
and
W.M.P.Nos.16149, 16151, 16155, 16156 & 16159 of 2023
W.P.No.16937 of 2023 :
1.Dr.D.Dharma Kumaran
2.Dr.Raghavi ... 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 Public Health and Preventive Medicine,
Anna Salai, Teynampet,
Chennai – 600 086.
3.The Director of Medical and Rural Health Services,
Anna Salai, Chennai.
4.Government Hospital,
Vedharanyam,
Nagapattinam, Tamil Nadu 614 810.
5.Government Hospital,
Chidambaram, Cuddalore District,
Tamil Nadu 608 001.
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W.P.Nos.16937, 16945 and 16949 of 2023
6.Directorate of Medical Education,
Represented by the Deputy Director of Medical Education,
Kilpauk, Chennai – 600 010.
7.Tirunelveli Medical College,
Represented by its Dean,
High Ground Road, Palayamkottai,
Tirunelveli – 627 011.
8.Government Vellore Medical College,
Represented by its Dean,
Pennathur Post, Adukkamparai,
Vellore, Tamil Nadu – 632 011. ... Respondents
Prayer in W.P.No.16937 of 2023 : Writ Petition filed under Article 226
of the Constitution of India for issuance of a Writ of Mandamus directing
the respondent authorities to forthwith permit the petitioners to relieve
from service and return all original certificates of the petitioners that were
submitted by them at the time of their admission to Post Graduate Degree
Course, within a time period stipulated by this Court.
W.P.No.16945 of 2023 :
1.Dr.M.Anusha
2.Dr.E.Karthika Preethi
3.Dr.E.Priyanka ... 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.Nos.16937, 16945 and 16949 of 2023
2.The Directorate of Public Health and Preventive Medicine,
Anna Salai, Teynampet,
Chennai – 600 086.
3.The Director of Medical and Rural Health Services,
Anna Salai, Chennai.
4.Directorate of Medical Education,
Represented by the Deputy Director of Medical Education,
Kilpauk, Chennai – 600 010.
5.KAP Viswanatham Government Medical College,
Represented by its Dean,
Periyamilaguparai, Collectors Office Road,
Trichy 620 001.
6.Government Kilpauk Medical College,
Represented by its Dean,
Poonamallee High Road, Kilpauk,
Chennai – 600 010.
7.Government RSRM Hospital,
Cemetry Road,
Chennai – 600 013.
8.Stanley Medical College,
Represented by its Dean,
No.1, Old Jail Road,
Chennai – 600 001.
9.Tirunelveli Medical College,
Represented by its Dean,
High Ground Road, Palayamkottai,
Tirunelveli – 627 011. ... Respondents
Prayer in W.P.No.16945 of 2023 : Writ Petition filed under Article 226
of the Constitution of India for issuance of a Writ of Mandamus directing
the respondent authorities to forthwith permit the petitioners to relieve
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W.P.Nos.16937, 16945 and 16949 of 2023
from service and return all original certificates of the petitioners that were
submitted by them at the time of their admission to Post Graduate Degree
Course, within a time period stipulated by this Court.
W.P.No.16949 of 2023 :
1.Dr.S.Bavadhaarini
2.Dr.Kishan.V.
3.Dr.S.Renugadevi ... 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 Public Health and Preventive Medicine,
Anna Salai, Teynampet,
Chennai – 600 086.
3.The Director of Medical and Rural Health Services,
Anna Salai, Chennai.
4.Directorate of Medical Education,
Represented by the Deputy Director of Medical Education,
Kilpauk, Chennai – 600 010.
5.Government Hospital Kodaikanal,
Kodaikanal, Dindigul District,
Tamil Nadu 624 101.
6.Government Medical College Nagapattinam,
Nagapattinam,
Tamil Nadu 611 108.
7.Government Medical College Tiruppur,
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W.P.Nos.16937, 16945 and 16949 of 2023
Velliangadu, Tiruppur,
Tamil Nadu 641 605. ... Respondents
Prayer in W.P.No.16949 of 2023 : Writ Petition filed under Article 226
of the Constitution of India for issuance of a Writ of Mandamus directing
the respondent to forthwith permit the petitioners to relieve from service.
For Petitioners : Mr.C.Vidhusan
in all writ petitions
For Respondents : Mr.P.Baladhandayutham
Special Government Pleader
COMMON ORDER
These writ petitions have been filed to direct the respondent
authorities to relieve the petitioners from service and return all original
certificates of the petitioners that were submitted by them at the time of
their admission to Post Graduate Degree Course, within a stipulated time.
2.It is the case of the writ petitioners that they joined the Post
Graduation Degree Course in Government College in Tamil Nadu in May,
2018 and at the time of admission, they executed a bond with an
undertaking to serve the Government of Tamil Nadu for a period of two
years and the original certificates of the petitioners were also submitted to
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W.P.Nos.16937, 16945 and 16949 of 2023
the respondent authorities. Thereafter, the petitioners completed their Post
Graduation Degree Course in May, 2021. As per the bond, the petitioners
are required to work for two years. However, the petitioners in
W.P.No.16937 of 2023 were given posting orders on 10.07.2022; the
petitioners in W.P.No.16945 of 2023 were given posting orders on
07.07.2022 and the petitioners in W.P.No.16949 of 2023 were given
posting orders on 10.07.2022 or 07.07.2022 respectively. The petitioners
have stated that they joined duty in the Government Hospitals allotted to
them through counselling, in the month of July 2022, and they have been
rendering their service continuously till date.
3.It is the grievance of the petitioners that, though the bond
period of two years got completed in the month of May, 2023, i.e., two
years from the date of completion of Post Graduate Course, and the bond
has become infructuous, the petitioners have not been relieved from their
duties and their original certificates have not been returned to them.
Despite the requests made by the petitioners before the respondent
authorities on several occasions, nothing fruitful has happened. Hence, the
petitioners are constrained to approach this Court by way of these writ
petitions.
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W.P.Nos.16937, 16945 and 16949 of 2023
4.Heard the learned counsel for the petitioners and the learned
Special Government Pleader appearing for the respondents.
5.Learned counsel for the petitioners contended that the writ
petitioners have completed their Post Graduate Degree Course in the
month of May, 2021, however, immediately after completion of their
course, they have not been given appointment and the posting orders have
been issued only in the month of July, 2022, i.e., either on 07.07.2022 or
10.07.2022. Hence, it is the contention of the learned counsel for the
petitioners that, at the most, the petitioners can be compelled to work only
till the expiry of the bond period, and once the bond period is over, the
petitioners cannot be forced to continue to work with the respondents and
the petitioners ought to have been relieved from their duties and the
petitioners are also entitled for return of their original certificates. In
support of his arguments, the learned counsel also relied upon a judgment
of a Division Bench of this Court in State of Tamil Nadu through its
Secretary, Department of Health and Family Welfare and another v.
P.S.Sairam and others reported in 2020 SCC Online Mad 2742.
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W.P.Nos.16937, 16945 and 16949 of 2023
6.The Division Bench of this Court in State of Tamil Nadu v.
P.S.Sairam and others (supra), in Para No.102, has held as follows :
“106.Our conclusions, therefore, are :
....
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 the period of two years would be
entitled to release of their certificates accordingly.”
From the above dictum, it is made very clear that 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 and would not continue beyond the same. Similarly, the Division
Bench, in Para No.102 of the same judgment, has held that appointment
should be given within a period of two years and even if any occupation is
taken by the student in the meantime, the student is liable to perform for
the period for which they have filled up the bond. The above dictum
makes it clear that, if any employment or posting is to be issued by the
respondents, it ought to have been issued within a period of two years after
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W.P.Nos.16937, 16945 and 16949 of 2023
the completion of the course. Since the bond will be co-terminus with the
period of two years from the date a candidate successfully passes out the
course, the respondents ought to have given posting orders immediately
after the petitioners completed their course. Whereas, in the cases on
hand, the posting orders have been issued much later, i.e., after a lapse of
14 months from the date of completion of courses by the petitioners.
Therefore, this Court is of the view that, at the most, the petitioners can be
forced to work only till the expiry of bond period and not beyond that. In
such view of the matter, the petitioners are to be relieved from their duties
by the respondent authorities.
7.Learned Special Government Pleader fairly submitted that the
petitioners will be relieved from their duties and their original certificates
will be returned to them and necessary orders in this regard will be passed
by the respondent authorities within a period of four weeks.
8.Accordingly, there shall be a direction to the respondent
authorities to relieve the petitioners from their duties and return all the
original certificates to the petitioners, within a period of four weeks from
the date of receipt of a copy of this order.
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W.P.Nos.16937, 16945 and 16949 of 2023
9.With the above direction, these writ petitions are disposed of.
No costs. Consequently, connected miscellaneous petitions are closed.
20.07.2023
mkn
Internet : Yes
Index : Yes / No
Neutral citation : Yes
Speaking order / Nonspeaking order
To
1.The Principal Secretary,
State of Tamil Nadu,
Health and Family Department,
Secretariat, Chennai – 600 009.
2.The Directorate of Public Health and Preventive Medicine,
Anna Salai, Teynampet,
Chennai – 600 086.
3.The Director of Medical and Rural Health Services,
Anna Salai, Chennai.
4.The Deputy Director of Medical Education,
Directorate of Medical Education,
Kilpauk, Chennai – 600 010.
5.The Government Hospital,
Vedharanyam,
Nagapattinam, Tamil Nadu 614 810.
6.The Government Hospital,
https://www.mhc.tn.gov.in/judis
W.P.Nos.16937, 16945 and 16949 of 2023
Chidambaram, Cuddalore District,
Tamil Nadu 608 001.
7.The Dean,
Tirunelveli Medical College,
High Ground Road, Palayamkottai,
Tirunelveli – 627 011.
8.The Dean,
Government Vellore Medical College,
Pennathur Post, Adukkamparai,
Vellore, Tamil Nadu – 632 011.
9.The Dean,
KAP Viswanatham Government Medical College,
Periyamilaguparai, Collectors Office Road,
Trichy 620 001.
10.The Dean,
Government Kilpauk Medical College,
Poonamallee High Road, Kilpauk,
Chennai – 600 010.
11.The Government RSRM Hospital,
Cemetry Road,
Chennai – 600 013.
12.The Dean,
Stanley Medical College,
No.1, Old Jail Road,
Chennai – 600 001.
13.The Government Hospital Kodaikanal,
Kodaikanal, Dindigul District,
Tamil Nadu 624 101.
N. SATHISH KUMAR, J.
https://www.mhc.tn.gov.in/judis
W.P.Nos.16937, 16945 and 16949 of 2023
mkn
14.The Government Medical College Nagapattinam,
Nagapattinam,
Tamil Nadu 611 108.
15.The Government Medical College Tiruppur,
Velliangadu, Tiruppur,
Tamil Nadu 641 605.
W.P.Nos.16937, 16945 & 16949 of 2023
20.07.2023
https://www.mhc.tn.gov.in/judis
