Madras High Court
Udhayalakshmi.T vs State Of Tamil Nadu on 24 November, 2025
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
W.P.No. 44095 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2025
CORAM
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH
W.P.No.44095 of 2025
Udhayalakshmi.T .... Petitioner
Vs
1.State of Tamil Nadu
Represented by its Secretary
Health and Family Welfare Department
Fort St.George, Chennai – 600 009.
2.The Director of Medical Education
Kilpauk, Chennai – 600 010.
3.The Director of Medical and Rural Health Services
Anna Salai, Chennai.
4.The Directorate of Public Health and Preventive Medicine
Anna Salai, Teynampet
Chennai – 600 086.
5.The Dean
Thoothukudi Medical College
Thoothukudi.
6.The Dean
Government Villupuram Medical College
Villupuram. ... Respondents
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W.P.No. 44095 of 2025
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W.P.No. 44095 of 2025
PRAYER : Writ Petition filed under Article 226 of Constitution of India
praying to issue a Writ of Mandamus directing the respondents to forthwith
return the original certificates of the petitioner that were submitted by her at
the time of her admission to course of Master of Surgery (M.S.) Obstetrics
and Gynaecology in the 5th respondent College and pass orders.
For Petitioner : Ms.S.Shanmitha
For Respondents : Mr.K.Tippu Sultan
Government Advocate for R1 to R5
ORDER
This writ petition has been filed for issue of Writ of Mandamus
directing the respondents to return back the original certificates of the
petitioner that was submitted by her at the time of admission to the course of
M.S. Obstetrics and Gynaecology in the fifth respondent-College.
2. Heard Ms.S.Shanmitha, learned counsel appearing for the petitioner
and Mr.K.Tippu Sultan, learned Government Advocate appearing for
respondents 1 to 5.
3. The specific case of the petitioner is that she has completed the
course of Obstetrics and Gynaecology in the Government Thoothukudi
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Medical College during the year May 2019 - May 2022. Initially the bond
period was for a period of two years and this was reduced to one year by
virtue of G.O. Ms.No.17 dated 11.01.2024. Accordingly, the bond period to
be undergone by the petitioner was from May 2022 to May 2023.
4. The posting order was given to the petitioner on 07.07.2022 to serve
as Assistant Surgeon in the 6th respondent-College. The petitioner served in
the 6th respondent College from 20.07.2022 to 01.02.2023. Thereafter, the
petitioner availed maternity leave from 01.02.2023. As on that date, three
months bond period was remaining to be completed by the petitioner.
5. The petitioner is relying upon the judgment of the Division Bench of
this Court in W.A.(MD) No.860 of 2023 dated 19.06.2025, wherein the
Division Bench of this Court made it clear that the maternity leave period
shall be included in the bond period and the same has to be accounted as part
of the bond period. In view of the same, the petitioner contends that the
remaining three months bond period, during which, she has availed the
maternity leave, will also form part of the bond period and therefore, no
period is left for the petitioner to render her service under the bond. It is
under these circumstances, the petitioner has approached this Court and
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sought for a direction to the fifth respondent to return back all the original
certificates.
6. In the considered view of this Court, the position of law is now too
well settled. The Division Bench of this Court has already held that the
maternity period has to be accounted as a part of the bond period. If that is
so, the three months bond period that was remaining when the petitioner had
availed the maternity leave, will be accounted within the bond period. In
such an eventuality, the petitioner is entitled for the return of the original
certificates from the fifth respondent-College.
7. In view of the above, there shall be a direction to the fifth
respondent to verify the particulars and if the one year bond period is already
completed by including the maternity period as part of the bond period, the
original certificates shall be handed over to the petitioner.
8. This writ petition is disposed of in the above terms. No costs.
24.11.2025
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Index : Yes / No
Neutral Citation : Yes / No
Speaking Order / Non-speaking order
ds
To:
1.State of Tamil Nadu
Represented by its Secretary
Health and Family Welfare Department
Fort St.George, Chennai – 600 009.
2.The Director of Medical Education
Kilpauk, Chennai – 600 010.
3.The Director of Medical and Rural Health Services
Anna Salai, Chennai.
4.The Directorate of Public Health and Preventive Medicine
Anna Salai, Teynampet
Chennai – 600 086.
5.The Dean
Thoothukudi Medical College
Thoothukudi.
6.The Dean
Government Villupuram Medical College
Villupuram.
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N. ANAND VENKATESH., J
ds
24.11.2025
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