Dr.M.Nirmal v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.Nos.2718, 2727, 3735, 3855, 4046, 4053, 4059, 4124, 4907, 5744, 5951, 16110 and 22370 of 2019 and W.M.P.Nos.2975, 2977, 2982, 4134, 4290, 4493, 4503, 4518, 4635, 5594, 5592, 6562, 6777, 6778 and 21691 of 2019 1 DR.M.NIRMAL ... PETITIONER in W.P.No.2718 of 2019 1 DR.MADHURI SUDHAKAR ... PETITIONER in W.P.No.2727 of 2019 1 B.PRAVEEN ... PETITIONER in W.P.No.3735 of 2019 1 S.BALAMURUGAN ... PETITIONER in W.P.No.3855 of 2019 1 SOWMYA SRIDHARAN ... PETITIONER in W.P.No.4046 of 2019 1 N.SRI PRATHIBA MAHALAKSHMI ... PETITIONER in W.P.No.4053 of 2019 1 N.SUDHIR ... PETITIONER in W.P.No.4059 of 2019 1 KISHORE KUMAR K ... PETITIONER in W.P.No.4124 of 2019 1 K.SARANYA DEVI ... PETITIONER in W.P.No.4907 of 2019 1 B.GOKHULA RAJ ... PETITIONER in W.P.No.5744 of 2019 1 R.NAVEEN ... PETITIONER in W.P.No.5951 of 2019

1 DR.T.JANANI ... PETITIONER in W.P.No.16110 of 2019 1 DR.S.SUNDARAVADIVEL ... PETITIONER in W.P.No.22370 of 2019 .Vs.

1 THE STATE OF TAMIL NADU, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, FORT ST.GEORGE, CHENNAI.

2 THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, KILPAUK, CHENNAI - 10.

3 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, THE DIRECTORATE OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, EGMORE, CHENNAI.

4 THE DEAN, KILPAUK MEDICAL COLLEGE, 822, POONAMALLEE HIGH ROAD, KILPAUK, CHENNAI - 600 010.

5 THE PRESIDENT, THE MEDICAL COUNCIL OF INDIA, SECTOR-8, POCKET-14, DWARKA-1, NEW DELHI - 110 077.

... RESPONDENT in W.P.No.2718 of 2019 1 THE STATE OF TAMIL NADU, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, FORT ST.GEORGE, CHENNAI.

2 THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, KILPAUK, CHENNAI - 10.

3 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, THE DIRECTORATE OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, EGMORE, CHENNAI.

THE PRESIDENT, THE MEDICAL COUNCIL OF INDIA, SECTOR-8, POCKET-14, DWARKA-1, NEW DELHI - 110 077.

... RESPONDENT in W.P.No.2727 of 2019 1 THE STATE OF TAMIL NADU, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, FORT ST.GEORGE, CHENNAI.

2 THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, KILPAUK, CHENNAI - 10.

3 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, THE DIRECTORATE OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, EGMORE, CHENNAI.

4 THE DEAN, GOVERNMENT KILPAUK MEDICAL COLLEGE, KILPAUK, CHENNAI - 600 010.

(CAUSE TITLE AMENDED VIDE ORDER DATED 26/03/2019 MADE IN W.M.P.NO.7628/19 IN W.P.NO.3735/19 BY PSNJ) 5 THE PROJECT DIRECTOR/MISSION DIRECTOR, NATIONAL HEALTH MISSION, DMS ANNEXE BUILDING - 5TH FLOOR, CHENNAI - 600 006.

6 THE DISTRICT COLLECTOR, COLLECTOR OFFICE, CUDDALORE.

7 THE REVENUE TAHSILDAR, TAHSILDAR OFFICE, AVADI KATTUMANNARKOVIL, CUDDALORE DISTRICT.

8 THE SECRETARY, MEDICAL COUNCIL OF INDIA, SECTOR-8, POCKET-14, DWARKA-1, NEW DELHI - 110 077.

... RESPONDENT in W.P.No.3735 of 2019 1 THE STATE OF TAMIL NADU, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, FORT ST.GEORGE, CHENNAI.

2 THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, KILPAUK, CHENNAI - 10.

3 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, THE DIRECTORATE OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, EGMORE, CHENNAI.

4 THE DEAN, GOVT.MOHAN KUMARAMANGALAM MEDICAL COLLEGE, SALEM - 30.

5 THE PROJECT DIRECTOR/MISSION DIRECTOR, NATIONAL HEALTH MISSION, DMS ANNEXE BUILDING - 5TH FLOOR, CHENNAI - 600 006.

6 THE DISTRICT COLLECTOR, COLLECTOR OFFICE, VIRUDHUNAGAR.

7 THE JOINT DIRECTOR OF MEDICAL AND RURAL HEALTH SERVICES AND FAMILY WELFARE, VIRUDHUNAGAR.

8 THE SECRETARY, MEDICAL COUNCIL OF INDIA, SECTOR 8, POCKET 14, DWARKA-1, NEW DELHI - 110 077.

... RESPONDENT in W.P.No.3855 of 2019 1 THE STATE OF TAMIL NADU, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, FORT ST.GEORGE, CHENNAI.

2 THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, KILPAUK, CHENNAI - 10.

3 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, EGMORE, CHENNAI.

4 THE DEAN, GOVERNMENT KILPAUK MEDICAL COLLEGE, KILPAUK, CHENNAI - 600 010.

5 THE PROJECT DIRECTOR/MISSION DIRECTOR, NATIONAL HEALTH MISSION, DMS ANNEXE BUILDING - 5TH FLOOR, CHENNAI - 600 006.

6 THE DISTRICT COLLECTOR, COLLECTOR OFFICE, CUDDALORE.

7 THE TAHSILDAR, GUINDY TALUK, CHENNAI.

8 THE SECRETARY, MEDICAL COUNCIL OF INDIA, SECTOR-8, POCKET-14, DWARKA-1, NEW DELHI - 110 077.

... RESPONDENT in W.P.No.4046 of 2019 1 THE STATE OF TAMIL NADU, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, FORT ST.GEORGE, CHENNAI.

2 THE DIRECTOR OF MEDICAL EDUCATION, KILPAUK, CHENNAI - 10.

3 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, EGMORE, CHENNAI.

4 THE DEAN, MADURAI MEDICAL COLLEGE, MADURAI.

5 THE PROJECT DIRECTOR/MISSION DIRECTOR, NATIONAL HEALTH MISSION, DMS ANNEXE BUILDING - 5TH FLOOR, CHENNAI - 600 006.

6 THE DISTRICT COLLECTOR, COLLECTOR OFFICE, CUDDALORE.

7 THE REVENUE TAHSILDAR, TAHSILDAR OFFICE, CUDDALORE DISTRICT.

8 THE SECRETARY, MEDICAL COUNCIL OF INDIA, SECTOR-8, POCKET-14, DWARKA-1, NEW DELHI - 110 077.

... RESPONDENT in W.P.No.4053 of 2019 1 THE STATE OF TAMIL NADU, REP BY PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, FORT ST. GEORGE, CHENNAI.

2 THE DIRECTOR OF MEDICAL EDUCATION, KILPAUK, CHENNAI - 10.

3 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, EGMORE, CHENNAI - 6.

4 THE DEAN, GOVERNMENT KILPAUK MEDICAL COLLEGE, KILPAUK.

5 THE PROJECT DIRECTOR/MISSION, DIRECTOR NATIONAL HEALTH MISSION, DMS ANNEXE BUILDING 5TH FLOOR, CHENNAI - 600 006.

6 THE DISTRICT COLLECTOR, COLLECTOR OFFICE, VELLORE.

7 THE TAHSILDAR, VELLORE AND GUDIYATHAM.

8 THE SECRETARY, MEDICAL COUNCIL OF INDIA, SECTOR-8, POCKET-14, DWARAKA-1, NEW DELHI - 110 077.

... RESPONDENT in W.P.No.4059 of 2019 1 THE STATE OF TAMIL NADU, REP BY THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, FORT ST. GEORGE, CHENNAI.

2 THE DIRECTOR OF MEDICAL EDUCATION, KILPAUK, CHENNAI - 10 3 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, DIRECTORATE OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, EGMORE, CHENNAI - 6.

4 THE DEAN, TIRUNELVELI MEDICAL COLLEGE, TIRUNELVELI.

5 THE PROJECT DIRECTOR/MISSION, DIRECTOR NATIONAL HEALTH MISSION, DMS ANNEXURE BUILDING 5TH FLOOR, CHENNAI - 6.

6 THE CHIEF MEDICAL OFFICER, TIRUTHANI GH, TIRUTHANI.

7 THE JOINT DIRECTOR, TIRUVALLUR GH, TIRUVALLUR.

8 THE SECRETARY, MEDICAL COUNCIL OF INDIA, SECTOR-8, POCKET-14, DWARAKA-1, NEW DELHI - 110 077.

... RESPONDENT in W.P.No.4124 of 2019 1 THE STATE OF TAMIL NADU, REPRESENTED BY PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, FORT ST. GEORGE, CHENNAI.

2 THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, KILPAUK, CHENNAI - 10.

3 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, EGMORE, CHENNAI - 600 006.

4 THE DEAN, CHENGALPATTU MEDICAL COLLEGE, CHENGALPATTU.

5 THE PROJECT DIRECTOR/MISSION DIRECTOR, NATIONAL HEALTH MISSION, DMS ANNEXE BUILDING - 5TH FLOOR, CHENNAI - 600 006.

6 THE DISTRICT COLLECTOR, CUDDALORE DISTRICT, CUDDALORE.

7 THE REVENUE TAHSILDAR, TAHSILDAR OFFICE, CUDDALORE DISTRICT.

8 THE SECRETARY, MEDICAL COUNCIL OF INDIA, SECTOR-8, POCKET-14, DWARKA-1, NEW DELHI - 110 077.

... RESPONDENT in W.P.No.4907 of 2019 1 THE STATE OF TAMIL NADU, REPRESENTED BY PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, FORT ST. GEORGE, CHENNAI.

2 THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, KILPAUK, CHENNAI - 600 010.

3 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, EGMORE, CHENNAI - 600 006.

4 THE DEAN, MADRAS MEDICAL COLLEGE, CHENNAI.

5 THE PROJECT DIRECTOR/MISSION DIRECTOR, NATIONAL HEALTH MISSION, DMS ANNEXE BUILDING - 5TH FLOOR, CHENNAI - 600 006.

6 THE DISTRICT COLLECTOR, ERODE DISTRICT, ERODE.

7 THE REVENUE TAHSILDAR, TAHSILDAR OFFICE, ERODE DISTRICT.

8 THE SECRETARY, MEDICAL COUNCIL OF INDIA, SECTOR-8, POCKET-14, DWARKA-1, NEW DELHI - 110 077.

... RESPONDENT in W.P.No.5744 of 2019 1 THE STATE OF TAMIL NADU, REPRESENTED BY PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, FORT ST. GEORGE, CHENNAI.

2 THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, KILPAUK, CHENNAI - 10.

3 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, EGMORE, CHENNAI - 600 006.

4 THE DEAN, MADRAS MEDICAL COLLEGE, CHENNAI.

5 THE PROJECT DIRECTOR/MISSION DIRECTOR, NATIONAL HEALTH MISSION, DMS ANNEXE BUILDING - 5TH FLOOR, CHENNAI - 600 006.

6 THE DISTRICT COLLECTOR, COLLECTOR OFFICE, TIRUVALLUR.

7 THE REVENUE TAHSILDAR, TAHSILDAR OFFICE, AVADI TIRUVALLUR DISTRICT.

8 THE SECRETARY, MEDICAL COUNCIL OF INDIA, SECTOR-8, POCKET-14, DWARKA-1, NEW DELHI - 110 077.

... RESPONDENT in W.P.No.5951 of 2019 1 THE STATE (GOVERNMENT OF TAMILNADU), THROUGH ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, FORT ST. GEORGE, CHENNAI - 600 009.

2 THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, KILPAUK, CHENNAI - 600 010.

3 THE REGISTRAR, TAMIL NADU DR.M.G.R. MEDICAL UNIVERSITY, NO.69, ANNA SALAI, GUINDY, CHENNAI.

4 THE DEAN, GOVERNMENT STANLEY MEDICAL COLLEGE, CHENNAI - 1.

... RESPONDENT in W.P.No.16110 of 2019 1 THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, KILPAUK, CHENNAI - 10 THE JOINT DIRECTOR, MEDICAL & RURAL HEALTH SERVICES, VILLUPURAM DISTRICT.

... RESPONDENT in W.P.No.22370 of 2019 COMMON PRAYER:- These Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus;

Prayer in W.P.No.2718 of 2019:- Calling for records pertaining to Impugned Letter issued by the 3rd respondent in its order dated 03.01.2019 bearing R.No.69538/E5/A4/2017-DMS passed by the 3rd respondent and to quash the same as illegal, arbitrary and unreasonable being contrary to the directions issued by this Court and consequentially direct the 3rd and 4th respondent to return the original Post Graduation completion certificate of the petitioner herein and further direct the respondents to forbear from enforcing any bond conditions to the petitioner. Prayer in W.P.No.2727 of 2019:- Calling for records pertaining to Impugned Letter issued by the 3rd respondent in its order dated 03.01.2019 bearing R.No.

69538/E5/A4/2017-DMS passed by the 3rd respondent and to quash the same as illegal, arbitrary and unreasonable being contrary to the directions issued by the Honorable Court and consequentially to direct the Respondents to forbear from in any manner enforcing any bond conditions as against the petitioner herein pursuance of the Show Cause notice dated 03.01.2019 Prayer in W.P.No.3735 of 2019:- Calling for the records pertaining to The G.O.Ms.No.92, issued by 1st respondent, Health and Family Welfare Department dated 29.02.2016 and G.O.Ms.No. 256, issued by 1st respondent Health and Family Welfare (MCA-1) Department dated 29.06.2018 and order dated 31.07.2017 bearing R.No.69538/E5/A4/2017-DMS-98 passed by the 3rd respondent and the consequential revenue recovery letter bearing Ref.No.Na.Ka.A.

2/4787/2018 issued by the 7th Respondent, dated 07.01.2019 and quash the same and consequently forbear the respondents from in any manner enforcing the bond as against the petitioner which was obtained from the petitioner by the 4th respondent any for any other relief or reliefs that may be appropriate in the present circumstances of the case.

Prayer in W.P.No.3855 of 2019:- Calling for the records pertaining to the G.O.Ms.No.92, issued by first respondent Health and family welfare Department dated 29.2.2016 and G.O.Ms.No.256 issued by first respondent, Health and Family Welfare (MCA-1) Department dated 29.6.2018 and the consequential revenue recovery letter bearing Ref.No.7853/ Ne.1/2018 issued by the 7th respondent dated 04.01.2019 and quash

the same and consequently forbear the respondents from in any manner enforcing the bond as against the petitioner which was obtained from the petitioner by the 4th respondent and for any other relief or reliefs that may be appropriate in the present circumstances of the case.

Prayer in W.P.No.4046 of 2019:- Calling for the records pertaining to The G.O.Ms.No.92, issued by first respondent Health and family welfare Dept dated 29.02.2016 and G.O.Ms.No.256, issued by first respondent, Health and family welfare (MCA-1) department dated 29.06.2018 and order dated 31.07.2017 bearing R.No.69538/E5/A4/2017-DMS-93 passed by the 3rd respondent and the consequential revenue recovery letter bearing reference number A2/2797/2018 issued by the 7th respondent dated 19.12.2018 and quash the same and consequently forbear the respondents from in any manner enforcing the bond as against the petitioner, which was obtained from the petitioner by the 4th respondent and for any other relief or reliefs that may be appropriate in the present circumstances of the case.

Prayer in W.P.No.4053 of 2019:- Calling for the records pertaining to the G.O.Ms.No.92, issued by first respondent, Health and Family Welfare Department dated 29.2.2016 and G.O.Ms.No.256, issued by first respondent, Health and Family Welfare (MCA 1) Department dated 29.6.2018, and order dated 31.07.2017 bearing R.No.69538/E5/A4/2017 DMS 41 passed by the 3rd respondent and the consequential revenue recovery letter bearing Ref.No.Na.Ka.Aa.6/201/2017 issued by the 7th respondent dated 21.01.2019 and quash the same and consequently forbear the respondents from in any manner enforcing the bond as against the petitioner, which was obtained from the petitioner by the 4th respondent and for any other relief or reliefs that may be appropriate in the present circumstances of the case.

Prayer in W.P.No.4059 of 2019:- Calling for the records pertaining to the G.O.Ms.No.92, issued by first respondent, Health and Family Welfare Department dated 29.02.2016 and G.O.Ms.No.256, issued by first respondent, Health and Family Welfare (MCA 1) Department dated 29.6.2018, and the consequential revenue recovery letter dated 15.11.2018 bearing Reference Number Re.No.D2/23470/2018, passed by the 6th respondent and quash the same and consequently forbear the respondents from in any manner enforcing the bond as against the

petitioner, which was obtained from the petitioner by the 4th respondent and for any other relief or reliefs that may be appropriate in the present circumstances of the case. Prayer in W.P.No.4124 of 2019:- Calling for the records pertaining to the G.O.MS.NO.92 issued by first respondent health and family welfare dept dated 29-2-2016 and G.O.MS.NO.256 issued by the first respondent health and family welfare(MCA-1) department dated 29-6-2018, the impugned order dated 31-7-2017, bearing R.NO 69538/E5/A4/2017DMS-190 passed by the 3rd respondent and the consequential show case letter dated 18-12-2018, bearing REF.NO.NA.KA.NO.1596/ NE/2017 issued by the 6th respondent and quash the same and consequently forbear the respondents from in any manner enforcing the bond as against the petitioner which was obtained from the petitioner by the 4th respondent and for any other relief or reliefs that may be appropriate in the present circumstances of the case.

Prayer in W.P.No.4907 of 2019:- Calling for the records pertaining to the G.O.Ms.No.92, issued by first respondent, Health and family welfare Department dated 29.02.2016 and G.O.Ms.No.256, issued by first respondent, Health and Family Welfare (MCA-1) Department, dated 29.6.2018 and order dated 31.07.2017, by the 3rd respondent and the consequential Revenue Recovery letter dated Nil/01/2018 bearing Ref.No.Na.Ka.Aa.6/201/2017, passed by the 7th respondent and quash the same and consequently forbear the respondents from in any manner enforcing the bond as against the petitioner which was obtained from the petitioner by the 4th respondent and for any other relief or reliefs that may be appropriate in the present circumstances of the case.

Prayer in W.P.No.5744 of 2019:- Calling for the records pertaining to the G.O.Ms.No.92, issued by the first respondent Health and family welfare Department dated 29/02/2016 and G.O.Ms.No.256 issued by first respondent Health and family welfare (MCA -1) Department dated 29/06/2018 and order dated 31/07/2017, bearing R.No.69538/E5/ A4/2017DMS 110 by the 3rd respondent the consequential Revenue Recovery letter dated 01/02/2019, bearing Ref.No.Na.Ka.32627/ 2018/E-2 passed by the 7th respondent and quash the same and consequently forbear the respondents from in any manner enforcing the bond as against the petitioner which was obtained

from the petitioner by the 4th respondent and for any other relief or reliefs that may be appropriate in the present circumstances of the case.

Prayer in W.P.No.5951 of 2019:- Calling for the records pertaining to the G.O.Ms.No.92, issued by first respondent, Health and family welfare (ME), Department dated 29.02.2016 and G.O.MS.No.256, issued by first respondent, Health and family welfare (MCA-1) Department dated 29.6.2018, and impugned order dated 31.07.2017 bearing R.No.69538/E5/A4/2017-DMS-112 passed by the 3rd Respondent and quash the same and consequently for bear the respondents from in any manner enforcing the bond as against the petitioner, which was obtained from the petitioner by the 4th respondent and for any other relief or reliefs that may be appropriate in the present circumstances of the case.

Prayer in W.P.No.16110 of 2019:- Directing the respondents to forthwith return all the original certificates of petitioner such as S.S.L.C. Mark Sheet, HSC Mark Sheet, M.B.B.S., Degree Certificate and Mark Sheets, C.R.R.I. Certificate, Course cum Conduct Certificate, MBBS Permanent registration certificate, community Certificate, MS degree mark sheet, MS degree attempt certificate, MS degree conduct certificate, Transfer certificate, MS degree certificate to the petitioner without insisting any payment of the bond amount as a precondition and pass such further order. Prayer in W.P.No.22370 of 2019:- Calling for all the records pertaining to the passing of the order dated 29.12.2017, in Proceedings NA.KA.NO.6857/N1/2012 on the file of the 2nd Respondent and quash the same. For Petitioner : Mr.Nithyaesg Natraj For Respondents : Mr.A.Selvendran Government Advocate For R1 to R4 in W.P.No.2718 of 2019 For R1 to R3 in W.P.No.2727 of 2019

For R1 to R7 in W.P.Nos.3855, 3735, 4046, 4053, 4059, 5951, 5744, 4907 and 4124 of 2019 For R1, R2 & R4 in W.P.No.16110 of 2019 For R1 & R2 in W.P.No.22370 of 2019 Ms.Subharanjani Standing Counsel for R5 C O M M O N O R D E R The issue involved in all these writ petitions is squarely covered by the judgment of the Division Bench in W.A.No.799 of 2019 etc., batch dated 06.10.2020. The Division Bench after considering the contentions raised on either side and also the judgment of the Hon'ble Supreme Court, summed up the conclusions at Paragraph No.103 of the order.

2. In view of the above, no further orders can be passed in these writ petitions and the relief sought for in all these writ petitions gets subsumed into the judgment of the Division Bench.

3. The learned counsel appearing in one of the writ petition i.e., W.P.No.2718 of 2019 submitted that the petitioner will make a representation to the respondents seeking for placement at Trichy and the respondents may be directed to consider the same while issuing the appointment order to the petitioner. It is left open to the petitioner to make a representation before the 2nd respondent and the same shall be considered by the 2nd and 3rd respondents subject to the availability of the vacancy. Such a decision shall be taken, within a period of one week from the date of receipt of copy of the representation.

4. In some of the writ petitions, the concerned Revenue Authority had initiated revenue recovery proceedings against the petitioners for violating the bond conditions. Since this Court has already upheld the relevant Government Order, there is no escape for the petitioners except to comply with the bond conditions. This would require the petitioners to work in a Government Hospital as per the bond condition. Hence, there shall be a direction to the respondents to issue appointment orders to all these petitioners and if the petitioners join duty and comply with the bond condition, the revenue recovery proceedings shall be dropped, failing which, the revenue

recovery proceedings shall be continued and the bond amount shall be recovered.

5. All these writ petitions are disposed of accordingly. No Costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ssr To 1.

The Secretary, State of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai.

2.

The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai - 10.

3.

The Director of Public Health and Preventive Medicine, The Directorate of Public Health and Preventive Medicine, Egmore, Chennai.

4.

The President, The Medical Council of India, Sector - 8, Pocket-14, Dwarka-1, New Delhi - 110 077.

5.

The Dean, Government Kilpauk Medical College, Kilpauk, Chennai - 600 010.

6.

The Project Director/Mission Director, National Health Mission DMS Annexure Building - 5th Floor, Chennai - 600 006.

7.

The District Collector, Collector Officer, Cuddalore.

8.

The Revenue Tahsildar, Tahsildar Office, Avadi Kattumannar Kovil, Cuddalore District.

9.

The Secretary, Medical Council of India, Sector-8, Pocket-14, Dwaraka-1, New Delhi - 110 077.

10.

The Dean, Government Mohan Kumaramangalam Medical College, Salem - 30.

11.

The District Collector, Collector Office, Virudhunagar.

12.

The Joint Director of Medical and Rural Health Services and Family Welfare, Virudhunagar.

13. The Tahsildar, Guindy Taluk, Chennai.

14.

The Dean, Madurai Medical College, Madurai.

15.

The District Collector, Collector Office, Vellore 16.

The Tahsildar, Vellore and Gudiyanatham.

17.

The Dean, Tirunelveli Medical College, Tirunelveli.

18.

The Chief Medical Officer, Tiruthani GH, Tiruthani.

19.

The Joint Director, Tiruvallur GH, Tiruvallur.

20.

The Dean, Chengalpattu Medical College, Chengalpattu.

21.

The District Collector, Erode District, Erode.

22.

The Revenue Tahsildar, Tahsildar Office, Erode District.

23.

The Dean, Madras Medical College, Chennai.

24.

The District Collector, Collector Office, Tiruvallur.

25.

The Revenue Tahsildar, Tahsildar Office, Avadi, Tiruvallur District.

26.

The Registrar, Tamil Nadu Dr.M.G.R. Medical University, No.69, Anna Salai, Guindy, Chennai.

27.

The District Collector, Government Stanley Medical College, Chennai - 1.

28.

The District Collector, Collector Office, Chennai.

29.

The Joint Director, Medical and Rural Health Services, Villupuram District.

+11ccs to Ms.Subharanjani, Advocate, S.R.Nos.46613 to 46619, 46621 to 46624 +9ccs to Mr.P.Gnanasekaran, Advocate, S.R.No.46804 +1cc to the Government Pleader, S.R.Nos.46463, 46475 to 46482 W.P.Nos.2718, 2727, 3735, 3855, 4046, 4053, 4059, 4124, 4907, 5744, 5951, 16110 and 22370 of 2019 and W.M.P.Nos.2975, 2977, 2982, 4134, 4290, 4493, 4503, 4518, 4635, 5594, 5592, 6562, 6777, 6778 and 21691 of 2019 SV-I(CO) PBS/29/10/2021