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Madras High CourtWP/6354/2024closed

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

2024-03-27Honourable Dr Justice Anita Sumanth7 pages

2024:MHC:1671

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 27.03.2024

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.6354 & 6424 of 2024 and W.M.P.Nos.7071 & 7145 of 2024 W.P.No.6354 of 2024 Dr.M.Karunyaa ... Petitioner 1.The State of Tamil Nadu Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai-600 009.

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

3.Directorate of Medical and Rural Health Services, Represented by the Director of Medical Health and Rural Health Services, 359, Anna Salai, Chennai - 600 006.

4.Directorate of Public Health and Preventive Medicine Represented by the Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai - 600 006.

5.The Joint Director of Health Services, 1 / 7

Namakkal.

6.Government Theni Medical College, Represented by its Dean, Theni - 625 512.

... Respondents PRAYER in W.P.No.6354 of 2024: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents to treat the Petitioner's compulsory bond period as completed and to consequently direct the Respondent Nos.2 to 5 to relieve the Petitioner from the bonded service and direct the 6th Respondent to return the Petitioner's original certificates and documents collected by the 6th Respondent while admitting the Petitioner to the post graduate degree course along with her Post Graduate degree certificate.

W.P.No.6424 of 2024 Dr.S.Thalabathik Kumara Vikram ... Petitioner 1.The State of Tamil Nadu Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai-600 009.

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

3.Directorate of Medical and Rural Health Services, Represented by the Director of Medical Health and Rural Health Services, 359, Anna Salai, Chennai - 600 006.

4.Directorate of Public Health and Preventive Medicine Represented by the Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai - 600 006.

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5.Kalaignar Centenary Super Speciality Hospital, Represented by its Dean, Alandur Road, Guindy, Chennai - 600 032.

6.Madurai Medical College, Represented by its Dean, Panagal Road, Alwarpuram, Madurai - 625 020.

... Respondents PRAYER in W.P.No.6424 of 2024: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents to treat the Petitioner's two-year compulsory bond period as completed and to consequently direct the Respondent Nos.2 to 5 to relieve the Petitioner from the bonded service and direct the Respondent Nos.5 and 6 to return the Petitioner's original certificates and documents collected by the 6th Respondent while admitting the Petitioner to the super speciality degree course along with his super speciality degree certificate. For Petitioners :

Mr.Suhrith Parthasarathy (in all writ petitions) For Respondents :

Mr.K.Tippu Sultan Government Advocate (in all writ petitions) COMMON ORDER Read this order in conjunction with and in continuation of order dated 11.03.2024 that reads as follows:

'Mr.K.Tippu Sultan, learned Government Advocate accepts notice for the respondents and seeks some time to obtain instructions and file a counter.

2. List on 27.03.2024 at the end of admission list under the caption 'for production of orders'.

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3. In the meantime, the petitioners are at liberty to make a representation forthwith before the concerned authority, who, upon receipt of the same, will consider and pass orders in accordance with the Government Orders passed and in accordance with law, prior to the next date of hearing.'

2.Mr.Tippu Sultan, learned Government Advocate appearing for the respondents and assisted by Dr.C.S.Sripriya, Deputy Director of Medical Education & Research, Chennai produces a communication dated nil.03.2024 and 27.03.2024 from the Deans of the Government Theni Medical College and Madurai Medical College where the petitioners have undergone their PG courses respectively, to the effect that the covid duty of the petitioners have been verified and that the original certificates deposited by them could be collected back from the college offices. It is for the petitioners to now approach the Deans of the Government Theni Medical College and Madurai Medical College respectively and obtain the certificates.

3.As far as the procedure for being relieved from bond is concerned, the Court is given to understand that the process for relieving a candidates from bond will be initiated by the Deans of the Government Theni Medical College and Madurai Medical College respectively. The communication to aforesaid effect will be channelled through the office of the Directorate of Medical Education to the Director of Public Health and Preventive Medicine, who is the posting authority.

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4.The Director of Public Health and Preventive Medicine will issue the relieving order and forward the same to the Deans of the Government Theni Medical College and Madurai Medical College respectively and the candidates concerned. This process should be completed, in all cases, within 15 working days from the date when the students collect the certificates from the respective Deans, as per paragraph 2 above.

5.Recording the aforesaid, procedure which shall be followed in all similar cases as well, both the writ petitions stand closed. No costs. Connected miscellaneous petitions are also closed.

27.03.2024 Index : Yes/No Speaking Order To 1.The Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai-600 009.

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

3.The Director of Medical Health and Rural Health Services, Directorate of Medical and Rural Health Services, No.359, Anna Salai, Chennai - 600 006.

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4.The Director of Public Health and Preventive Medicine, Directorate of Public Health and Preventive Medicine 359, Anna Salai, Chennai - 600 006.

5.The Joint Director of Health Services, Namakkal.

6.The Dean, Government Theni Medical College, Theni - 625 512.

7.The Dean, Kalaignar Centenary Super Speciality Hospital, Alandur Road, Guindy, Chennai - 600 032.

8.The Dean, Madurai Medical College, Panagal Road, Alwarpuram, Madurai - 625 020.

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DR.ANITA SUMANTH, J.

W.P.Nos.6354 & 6424 of 2024 and W.M.P.Nos.7071 & 7145 of 2024 27.03.2024 7 / 7