M.Vinayak v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Dr.Vinayak M.
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Petitioner versus 1.The State of Tamil Nadu, rep. By its Principal Secretary Health and Family Department Secretariat, Chennai - 600 009.
2.Directorate of Medical Education Rep.by the Director of Medical Education Kilpauk, Chennai - 600 010.
3.Directorate of Public Health and Preventive Medicine Rep. by Director of Public Health and Preventive Medicine 359, Anna Salai, Chennai - 600 006.
4.Kilpauk Medical College Rep.by its Dean Kilpauk, Chennai - 600 003.
5.Tamil Nadu Government Multi Super Specialty Hospital Rep. by its Director Omandurar Government Estate Anna Salai, Chennai - 600 002.
6.National Medical Commission Rep. by its Secretary Pocket 14, Sector -8, Dwarka Phase I New Delhi - 110 077.
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Respondents 1/6
Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus directing the 5th respondent to relieve the petitioner from the bonded service in the 5th respondent institution and further direct the 4th Respondent to return the Petitioner's original certificates/documents along with his Super Specialty Degree Certificate.
For the Petitioner :
Ms.Amritha Sathyajith for Suhrith Parthasarathy For the Respondents :
Mr.T.Seenivasan, Special Government Pleader, for the first respondent Ms.Shubaranjani Ananth, for sixth respondent
O R D E R
The writ petition has been filed in the nature of a Mandamus seeking a direction to the fifth respondent, to relieve the petitioner from the bonded service in the said institution and direct the fourth respondent, Kilpauk Medical College to return the original certificates of the petitioner along with the Super Specialty Degree Certificate.
2. The petitioner, Dr. Vinayak, had completed MBBS and post graduation and had secured admission to a D.M. Seat in Nephrology in the fourth respondent college in the academic year 2017-2018. 2/6
Original documents including education certificate had been handed over to the fourth respondent. The petitioner had also executed a bond for a sum of Rs.2 /- crores. He also completed Super Specialty course in August,2020. He also attended the Covid duty in the fourth respondent college between 20.08.2020 and 10.12.2020. He was then issued a posting order on 06.09.2021 appointing him as Assistant Surgeon in the fifth respondent institution. It had been stated that he had not been relieved from the bonded service. It is under these circumstances, the writ petition has been filed.
3. A perusal of the dates given show that the petitioner had actually done Covid duty from 20.08.2020 till 10.12.2021. He had then been appointed as Assistant Surgeon in the fifth respondent institution on 14.09.2021. While taking into consideration the Covid19 and the period for which he had been working as Assistant Surgeon in the fifth respondent, it is seen that he has completed the two years of bonded duty. It is stated that though the petitioner had completed the course in the year 2020, he was offered service only in the year 2021 and therefore he could not be faulted for shortage of two months. The petitioner had been diligent. He had done Covid duty. He had also joined as Assistant Surgeon under directions. He had 3/6
discharged his duty as Assistant Surgeon. He had also waited till he was so posted. All these aspects show that the petitioner had complied with the directions.
4. A direction is issued that, if the petitioner has otherwise complied with the rules and regulations, to return the medical certificates within a period of three weeks from the date of receipt of a copy of this order.
5. The writ petitioner may give an undertaking that the bonded services will be completed in entirety but the certificates will be returned on such undertaking back to the petitioner.
6. The writ petition stands disposed of. No costs. Consequently, WMP No.3839 of 2023 is closed.
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To 1.The Principal Secretary Health and Family Department Secretariat, Chennai - 600 009.
2.Director of Medical Education Directorate of Medical Education Kilpauk, Chennai - 600 010.
3.The Director of Public Health and Preventive Medicine Directorate of Public Health and Preventive Medicine 359, Anna Salai, Chennai - 600 006.
4.The Dean Kilpauk Medical College Kilpauk, Chennai - 600 003.
5.The Director Tamil Nadu Government Multi Super Specialty Hospital Omandurar Government Estate Anna Salai, Chennai - 600 002.
6.The Secretary National Medical Commission Pocket 14, Sector -8, Dwarka Phase I New Delhi - 110 077.
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C.V.KARTHIKEYAN, J.
(mrn) 28.02.2023 6/6