Madras High Court
Dr. Gargi .D vs The State Of Tamil Nadu on 30 May, 2024
W.P. Nos. 14349 and 14372 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.05.2024
CORAM:
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.P. Nos. 14349 and 14372 of 2024
and
W.M.P. Nos. 15574, 15575, 15610 & 15614 of 2024
W.P. No. 14349 of 2024
1.Dr. Gargi .D
2.Dr. D.Rahul
3.Dr. Alok Dubey
4.Dr. Shakeel Babu Shaik
5.Dr. Damacharla Basavaiah Chowdary
6.Dr. Mayank Garg
7.Dr. Sanju Unnikrishnan
8.Dr. N.Prabhuram
9.Dr. Praveen B
10.Dr. Mahader V .. Petitioners
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,
Kilpauk, Chennai – 600 010.
3.The Directorate of Public Health and Preventive Medicine,
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W.P. Nos. 14349 and 14372 of 2024
Anna Salai, Teynampet, Chennai – 600 086.
4.The Director of Medical and Rural Health Services,
Anna Salai, Chennai.
5.The Dean,
Madras Medical College,
E.V.R. Periyar Salai, Park Town,
Chennai – 600 003. .. Respondents
PRAYER: Writ petition is filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus, to direct the respondents to
return all the original certificates of the petitioner that were submitted by
them at the time of their admission to the Post Graduate Super Specialty
Degree Course in the fifth respondent Government Medical College,
within a time period stipulated by this Court.
For Petitioners : Mr. C. Vidhusan
For Respondents : Mrs.M.Sneha,
Standing Counsel
W.P. No. 14372 of 2024
1.Dr. Jeffrey Ashiq G
2.Dr. Boddukura Sahithi Priya
3.Dr. Bhattiprolu Vijay
4.Dr. Patravale Tanmay Bharat
5.Dr. Shramya Shodhan Kumar
6.Dr. Prethee Martina Christabel
7.Dr. Anjana Elangovan .. Petitioners
Vs.
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W.P. Nos. 14349 and 14372 of 2024
1.The State of Tamil Nadu,
Represented by its Principal Secretary,
Health and Family Department,
Secretariat, Chennai – 600 009.
2.Directorate of Medical Education,
Kilpauk, Chennai – 600 010.
3.The Directorate of Public Health and Preventive Medicine,
Anna Salai, Teynampet,
Chennai – 600 086.
4.The Director of Medical and Rural Health Services,
Anna Salai, Chennai.
5.The Dean,
Madras Medical College,
E.V.R. Periyar Salai, Park Town,
Chennai – 600 003. .. Respondents
PRAYER : Writ petition is filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus, to direct the respondents to
return all the original certificates of the petitioners that were submitted by
them at the time of their admission to the Post Graduate Super Specialty
Degree Course in the fifth respondent Government Medical College,
within a time period stipulated by this Court.
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W.P. Nos. 14349 and 14372 of 2024
For Petitioners : Mr. C. Vidhusan
For Respondents : Mrs.M.Sneha,
Standing Counsel
-----
COMMON ORDER
The petitioners, who are seventeen in number seek for a
Mandamus directing the respondents to return the original certificates of
the petitioners that they had submitted at the time of their admission into
the postgraduate Super Specialty Degree Course with Madras Medical
College at Chennai.
2. All the petitioners had joined the Madras Medical College in
December, 2020, pursuant to the quota allotted under All India Category.
At that time, they were brought into “Covid duty”, which continued for a
period of more than one year.
3. They would state that on account of the fact that they have done
“Covid duty”, the bond, that was signed by them stands discharged.
Therefore, they would plead that they are entitled to return of the
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W.P. Nos. 14349 and 14372 of 2024
certificates.
4. Mrs.M.Sneha, the Learned Standing Counsel appearing for the
respondents would plead that by virtue of the judgment in W.A.No.799 of
2019 etc., batch, dated 06.10.2020, the petitioners are bound to serve out
their bond period of one year. She would also plead that there is no
difference between All India Quota Students or State Quota Students. She
would further state that both of them would have to serve the period of
one year in terms of the bond signed by them in the State of Tamil Nadu.
Therefore, she would plead that in the light of the judgment passed in
W.A.No.799 of 2019 etc., batch, dated 06.10.2020, the State has a right
to retain the original certificates of the petitioners exercising a lien over
them.
5. I would have agreed with the submissions made by
Mrs.M.Sneha, under normal circumstances. However, this case is
different. The judgment in W.A.No.799 of 2019 etc., batch will apply to
the candidates who have undergone their course in the normal
circumstances. As seen from the affidavits, while the country was reeling
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W.P. Nos. 14349 and 14372 of 2024
under Covid onslaught from March 2020 till the month of May 2023, the
petitioners were drafted to perform “Covid duty”. The petitioners though
were pursuing their Super Specialty Course, had been drafted by the State
of Tamil Nadu to perform “Covid duty”. It is their specific assertion that
the petitioners performed “Covid duty” for more than a period of one
year.
6. Under similar circumstances, this Court in W.P.(MD)No.9633
of 2024, dated 29.04.2024 had held that the period that the Doctors had
worked as medical professionals performing “Covid duty”, should have to
be calculated as against the bond period. To put it in other words, if the
Doctors, who were pursuing their Super Specialty Course, had performed
the duties during Covid period, then, the said period would have to be
calculated as against the bond period of one year, that they had entered
into at the time of entering the course.
7. Since all the petitioners have performed “Covid duty” for a
period of more than one year, they have exhausted the period of bond.
Once the bond period is exhausted, it has to be held that they have
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W.P. Nos. 14349 and 14372 of 2024
discharged there bond conditions.
8. Following the view taken by this Court in W.P.(MD)No.9633 of
2024, dated 29.04.2024, these Writ Petitions stand allowed. The fifth
respondent is directed to return all the original certificates to the
petitioners, within a period of four weeks, from the date of receipt of copy
of this order. Consequently, connected Miscellaneous Petitions are closed.
No costs.
30.05.2024
Index:Yes/No
Neutral Citation:Yes/No
at/ari
https://www.mhc.tn.gov.in/judis
W.P. Nos. 14349 and 14372 of 2024
V. LAKSHMINARAYANAN,J.
at/ari
To
1.The Principal Secretary,
State of Tamil Nadu, Health and Family Department,
Secretariat, Chennai – 600 009.
2.The Directorate of Medical Education,
Kilpauk, Chennai – 600 010.
3.The Directorate of Public Health and Preventive Medicine,
Anna Salai, Teynampet, Chennai – 600 086.
4.The Director of Medical and Rural Health Services,
Anna Salai, Chennai.
5.The Dean,
Madras Medical College,
E.V.R. Periyar Salai, Park Town,
Chennai – 600 003.
W.P. Nos. 14349 and 14372 of 2024 and
W.M.P. Nos. 15574, 15575, 15610 & 15614 of 2024
30.05.2024
https://www.mhc.tn.gov.in/judis
