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Madras High CourtWP/7725/2024disposed of

Dr. C. Sujipreethi Md (General Medicine) v. The State Of Tamilnadu

2024-03-21Honourable Dr Justice Anita Sumanth6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2024

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH Dr.C.Sujipreethi MD (General Medicine) .... Petitioner in W.P.No.7725 of 2024 Dr.Remya M.S.Obsterics & Gynecology .... Petitioner in W.P.No.7727 of 2024 Vs 1.The State of Tamil Nadu Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai - 9.

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 its Director of of Medical and Rural Health Services, 359, Anna Salai, Chennai - 600 006.

4.Directorate of Public Health and Preventive Medicine, Represented by its Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai - 06.

.... Respondents in both W.Ps.

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5. The Dean, Govt. Mohan Kumaramangalam Medical College, Steel Plant Road, Kollapatty, Salem, Tamil Nadu Pin - 636 030.

.... Respondent in W.P.No.7725 of 2024

5. The Dean, KAPV Viswanathan Government Medical College and Hospital Periyamilaguparai Collector Office Road, Thiruchirapally .... Respondent in W.P.No.7727 of 2024 Common Prayer: Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to treat two-year compulsory bond as completed and to consequently relieve the petitioners from bonded service in Government Primary Health Centre, Manickampalayam, Namakkal HUD (W.P.No.7725 of 2024) and Thanjavur Medical College and Hospital (W.P.No.7727 of 2024) and to direct the 5th respondent to return all original certificates and documents collected by the 5th respondent to return all original certificates and documents collected by the 5th respondent while admitting the petitioners to the post graduate degree course along with their post Graduate degree certificate.

In both W.Ps.

For Petitioner : Mr.V.Kadhirvelu For Respondents : Mr.K.Tippu Sultan Government Advocate 2/6

C O M M O N O R D E R Mr.K.Tippu Sultan, learned Government Advocate accepts notice for the respondents and is armed with instructions to enable final disposal of these Writ Petitions, even at the stage of admission.

2. The prayer of the petitioners is to release them from compulsory bond and for return of certificates. Since there are several factual particulars, such as the period of duty rendered, both covid as well as regular duty, applicable Government Orders and others, to be ascertained prior to considering the request, it is best left to the consideration of the authorities.

3. Fortunately, the petitioners have made representations dated 08.03.2024 (W.P.No.7725 of 2024) and 10.03.2024 (W.P.No.7727 of 2024) through e-mail to the authorities echoing the prayer made in these Writ Petitions.

4. Hence, mandamus is issued to the Director of Medical Education/R2 to consider the representation of the petitioners in light of the prevailing Government Orders as applicable to them. For this purpose, the petitioners shall appear before R2 on any working day between 25.03.2024 and 12.04.2024 between working hours without awaiting any further notice in this regard.

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5. R2 shall give audience to the petitioners, hear them and pass orders on their representation in accordance with law and all prevailing Government Orders, within a period of three (3) weeks from date of their personal hearing.

6. These Writ Petitions are disposed as above. No costs. 21.03.2024 Index:Yes/No Speaking order sl To 1.The State of Tamil Nadu Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai - 9.

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 its Director of of Medical and Rural Health Services, 359, Anna Salai, Chennai - 600 006.

4.Directorate of Public Health and Preventive Medicine, Represented by its Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai - 06.

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5. The Dean, Govt. Mohan Kumaramangalam Medical College, Steel Plant Road, Kollapatty, Salem, Tamil Nadu Pin - 636 030.

6. The Dean, KAPV Viswanathan Government Medical College and Hospital Periyamilaguparai Collector Office Road, Thiruchirapally 5/6

Dr.ANITA SUMANTH,J.

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