Madras High Court
Dr.J.Sophia vs The Principal Secretary To Government on 5 January, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.36500 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2024
CORAM :
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.36500 of 2023
and
W.M.P.No.36492 of 2023
Dr.J.Sophia ...Petitioner
-Vs-
1.The Principal Secretary to Government
Health & Family Welfare Department
Fort St. George, Chennai – 9.
2.The Director
Directorate of Medical Educational
Poonamallee High Road
Chennai – 10.
3.The Director of Public Health and
Preventive Medicines
DMS Campus
Tynampet, Chennai – 6.
4.The Dean
Govt. Stanley Medical College & Hospital
Chennai – 1.
1/8
https://www.mhc.tn.gov.in/judis
W.P.No.36500 of 2023
5.The Chairman
Medical Services Recruitment Board (MRB)
7th Floor, DMS Buildings
358, Anna Salai
Teynampet, Chennai – 6. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus directing the respondent authorities to
release the petitioner's original certificates viz., (1) 10th standard mark sheet,
(2) 12th mark sheet, MBBS (3)1st year (4)2nd year (5)3rd part-I (6)3rd part-II
mark sheets, (7)MBBS Degree Certificate (8)CRRI Training Completion
certificate (9)Post Graduate MS-ENT (Oto-Rhino-Laryngology) Degree
certificate (10) conduct certificate and (11) transfer certificate and handover
the same to the petitioner.
For Petitioner : Mr.S. Thanka Sivan
For Respondents 1 to 4 : Dr.T.Seenivasan
Special Government Pleader.
For Respondent 5 : Mr.L.Murugavelu
Standing Counsel.
ORDER
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This writ petition has been filed for direction to the 4th respondent
to return petitioner's original certificates.
2. The petitioner is a post graduate medical doctor. She had
joined in the post after completion of MBBS and MS-ENT. The petitioner
joined post graduate medical course in MS-ENT in the 4th respondent
college. On 31.05.2021, petitioner's post graduate course was completed.
The petitioner also registered his post graduate degree in the Tamil Nadu
Medical Council on 15.11.2021. As per admission prospectus, after
completion of post graduate course, she has to serve in Government of Tamil
Nadu Medical Service for a period of two years as bond period. However,
the respondents did not offer her any appointment for a period more than 1
1/2 years from the date of completion of post graduate decree. She was
offered appointment only for six months period on 27.12.2022 and she was
posted in the Primary Health Centre, Veerakuppam, Tiruvallur District.
Immediately, she had joined duty there on 12.01.2023. Thereafter, she was
relieved from the said post on 12.07.2023. During the said period she got
pregnant and she had availed twelve days medical leave. Now she is
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desirous to join Government Medical service and as such she had written
Medical Services Recruitment Board 2023 examinations and passed the
qualifying Tamil language examination and the main examination results are
awaited. After the result, respondent authority is planning to conduct
counseling in the month of January 2024. For attending such counseling,
original certificates are required for certificate verification. However, when
the petitioner approached the 4th respondent, she was denied the original
certificates on the ground that she had taken 12 days leave during the bond
period. Therefore, she was insisted to go for Primary Health Centre and
work for 12 more days. Though, she was ready to work in the same centre,
her period of service was not extended and she was appointed only for
period of six months and it was over as early as on 12.07.2023.
3. The learned counsel for the petitioner submitted that she had
joined in the post on 12.01.2023. She had worked up to 12.07.2023. During
her service she availed 12 days leave with effect from 13.03.2023 in
between the period of 12.01.2023 to 12.07.2023. The bond period was
extended from 10.07.2023 to 30.07.2023. However, she joined in the posted
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place. In similar case, this Court after citing the judgment of the Hon'ble
Division Bench of this Court in the case of State of Tamil Nadu through its
Secretary, Department of Health and Family Welfare and another vs
P.S.Sairam and others reported in 2020 SCC online Mad 2742 held as
follows:
"The period of applicability of the conditions under
the bond will be co-terminus with the period of two years from
the date of candidate successfully passes out the course, and
would not continue beyond the same."
4. The appointment should be given within a period of two years.
Even if any occupation is taken by the student, the student is liable to
perform for the period for which they have filled up the bond. Therefore, 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 the completion of the
course. Since the bond will be co-terminus with the period of two years
from the date of a candidate successfully passes out the Post graduate
course, the respondents ought to have given posting orders immediately after
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the petitioner completed his/her course. However, the petitioner was
appointed by order dated 27.12.2022 and accordingly she joined duty on
12.01.2023. The said appointment was issued for a period of six months.
Immediately, after completion of validity of the said post, the respondents
forced the petitioner to work beyond the expiry of bond period. Hence, the
petitioner is entitled to have her all the original certificates which are in
custody of the 4th respondent. Therefore, the 4th respondent is directed to
release all the original documents of the petitioner i.e., (1) 10th standard
mark sheet, (2) 12th mark sheet, MBBS (3)1st year (4)2nd year (5)3rd part-I
(6)3rd part-II mark sheets, (7)MBBS Degree Certificate (8)CRRI Training
Completion certificate (9)Post Graduate MS-ENT (Oto-Rhino-Laryngology)
Degree certificate (10) conduct certificate and (11) Transfer Certificate to the
petitioner forthwith.
5. With the above direction, this writ petition stands allowed.
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Accordingly, this writ petition is allowed. No costs. Consequently, connected
miscellaneous petition is closed.
05.01.2024
Index : Yes/No
Internet: Yes/No
gvn
To
1.The Principal Secretary to Government
Health & Family Welfare Department
Fort St. George, Chennai – 9.
2.The Director
Directorate of Medical Educational
Poonamallee High Road
Chennai – 10.
3.The Director of Public Health and
Preventive Medicines
DMS Campus
Tynampet, Chennai – 6.
4.The Dean,
Govt. Stanley Medical College & Hospital
Chennai – 1.
5.The Chairman
Medical Services Recruitment Board (MRB)
7th Floor, DMS Buildings
358, Anna Salai
Teynampet, Chennai – 6.
https://www.mhc.tn.gov.in/judis
G.K.ILANTHIRAIYAN,J.
gvn
and
05.01.2024
https://www.mhc.tn.gov.in/judis
