Madras High Court
The State Of Tamil Nadu vs Dr.S. Narayanan on 13 November, 2024
Author: D.Krishnakumar
Bench: D. Krishnakumar
WA No.3273 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.11.2024
CORAM:
THE HON'BLE MR.JUSTICE.D. KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE P.B. BALAJI
WA No.3273 of 2024
1.The State of Tamil Nadu
Represented By Its The Principal Secretary
Health And Family Welfare Department
Secretariat Chennai 600 009
2.Directorate of Medical Education
Kilpauk, Chennai 10.
3.The Directorate of Public Health & Preventive Medicine,
Anna Salai, Teynampet, Chennai 86.
4.The Director of Medical and rural Health Services
Anna Salai, Chennai.
5.The Dean
Government Stanley Medical College and Hospital,
No.1, Old Jail Road, Chennai 1. : Appellants
Versus
1.Dr.S. Narayanan
1/6
https://www.mhc.tn.gov.in/judis
WA No.3273 of 2024
2.Dr.M. Pradheep
3.Dr.Kondamudi Srinivasu
4.Dr.Karthick .J
5.Dr.Siddharth : Respondents
PRAYER: Writ Appeal filed against the order of the learned Single Judge
dated 24.05.2024 passed in W.P.No. 13864 of 2024.
For the Appellants : Mrs.M.Sneha,
Special Counsel
For the Respondents : Ms.Shanmetha, S.
JUDGMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
The Writ Appeal is filed against the order of the learned Single
Judge dated 24.05.2024 passed in W.P.No. 13864 of 2024.
2. By consent of parties, this writ appeal is taken up for final
disposal.
3. Learned Special Counsel for the appellant submits that the writ
court has not taken into consideration the bond executed by the respondent
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herein with reference to compulsory service in the Government hospital by
the non service PG Higher Speciality Degree Course. Once the said
condition has been agreed by the respondent herein, subsequently they
cannot go by the aforesaid conditions and file writ petition before this Court,
seeking to return of the original certificates of the petitioner.
4. Learned Special Counsel further submits that the writ court has
not gone into the factual position and the writ petition came to be allowed at
the admission stage itself, without giving any opportunity to the appellant. It
is further stated that the writ court has considered Section 171 of the Indian
Contract Act, 1872, and directed the fifth respondent to forthwith return the
original certificates of the petitioners mentioned in the writ petition.
Therefore, the said order of the writ court is liable to the set aside.
5. Learned counsel for the respondent submits that the said bond
executed by the respondent herein has expired and therefore there is no right
for withholding the said original certificates.
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6. In response to the aforesaid submission made by the learned
counsel for the respondent, the learned counsel for the appellant fairly stated
that the aforesaid bond period expires in the month of December, 2024 and
there is no legal embargo for the appellant to return all the original legal
documents to the respondent herein.
7. In such circumstances, considering the fact that the writ court has
not gone into the bond executed by the respondent herein and it should not
be a wrong precedent in other cases concerned. Hence, setting aside the
order of the Writ Court. It is directed that the appellant shall return the
original certificates to the respondent herein, forthwith after the expiry of the
bond period executed by the respondent in favour of the appellant.
8. With the above directions, the writ appeal stands allowed. There
shall be no order as to costs. Consequently, CMP No.25367 of 2024 is
closed.
(D.K.K.J.) (P.B.B., J.)
13.11.2024
Index : Yes/No
Neutral Citation : Yes/No
https://www.mhc.tn.gov.in/judis
mrn
https://www.mhc.tn.gov.in/judis
D.KRISHNAKUMAR, J.
and
P.B. BALAJI, J.
(mrn)
13.11.2024
https://www.mhc.tn.gov.in/judis
