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Madras High CourtWP/6991/2023disposed of

M.Suhanya v. The State Of Tamilnadu

2023-03-08Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.Suhanya .. Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Directorate of Medical Education, Represented by its Director of Medical Education, Kilpauk, Chennai-600 010.

3. The Registrar, The Tamil Nadu Dr.M.G.R.Medical University 69, Anna Salai, Guindy, Chennai-600 032.

4. The Dean, Madurai Medical College, Panangal Road, Madurai-625 020. .. Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of writ, directing the Respondents 2 & 4 to forthwith return the Original Certificates which were submitted by the petitioner at the time of admission to MS Ophthalmology course on 29.03.2016 and pass appropriate orders in accordance to law.

For petitioner : M/s.P.Saravana Sowmiyan For Respondents : Mr. E.Veda Bagath Singh Special Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to respondents 2 & 4 to return the original certificates to the petitioner which was submitted by her at the time of joining the course of MS Ophthalmology in the 4th respondent college.

2. Mr. E.Veda Bagath Singh, learned Special Government Pleader takes notice for the respondents.

3. It is the case of the petitioner that, at the time of her admission to the PG Course in the 4th respondent College during the academic year 20162017, she submitted her original certificates to the 4th respondent and also executed a bond with a specific condition that after the completion of the said course, she has to serve in the Government hospitals or institutions for a period of two years. However, after the completion of her PG degree, neither the petitioner was offered with the job nor her original certificates were returned by the 4th respondent College. Aggrieved by the same, the petitioner made a representation to the 4th respondent on 18.10.2022 seeking return of her original documents, however, till date, the said representation has not been considered. Hence, the present Writ Petition has been filed.

4. Though very many grounds have been raised, however, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 4th respondent to consider the representation made by the petitioner for return of original documents and pass appropriate orders on the same within the time that may be stipulated by this Court.

5. Learned Special Government Pleader appearing for the respondents submits though the petitioner was given a regular bond posting order after the completion of her course, the petitioner had not joined the duty in the posted place. Further, it was submitted that as per the conditions stipulated in the prospectus for the year 2016-2017 the petitioner has to pay the bond amount to the tune of Rs.40,00,000/- to the 4th respondent college for release of her original certificates failing which, appropriate action would be initiated against the petitioner.

6. In view of the limited request sought for by the learned counsel for the petitioner, this Court without going into the merits of the case, is inclined to issue a direction to the petitioner to submit a copy of the representation to the 4th respondent along with a copy of this order within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of the same, the 4th respondent is directed to consider the same and pass appropriate orders in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as to the aggrieved parties if any, within a period of four weeks thereafter.

7. This Writ Petition stands disposed of with the above direction. There shall be no order as to costs.

08.03.2023 nhs Index : Yes / No Internet : Yes / No To 1.The Principal Secretary State of Tamil Nadu, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Directorate of Medical Education, Represented by its Director of Medical Education, Kilpauk, Chennai-600 010.

3. The Registrar, The Tamil Nadu Dr.M.G.R.Medical University 69, Anna Salai, Guindy, Chennai-600 032.

4. The Dean, Madurai Medical College, Panangal Road, Madurai-625 020.

M.DHANDAPANI, J.

NHS 08.03.2023