Dr.Mary Antony v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2022
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.No.9633 of 2022 and WMP.No.9374 of 2022 1.Dr.Mary Antony 2.Dr.Malavika Unnikrishnan 3.Dr.Manzoorllahi 4.Dr.E.K.Jaleena ... Petitioners Vs
1. The State of Tamil Nadu, through its Secretary, Department of Health & Family Welfare, Fort St. George, Chennai-9.
2. The Director of Medical Education, Directorate of Medical Education (DME), 156, Poonamallee High Road, Kilpauk, Chennai-10.
3. The Registrar, Tamil Nadu Dr. M.G.R. Medical University, Guindy, Chennai-25.
4. The Registrar, Tamil Nadu Medical Council, 914, Poonamallee High Road, Arumbakkam, Chennai-106.
5. The Dean, Madras Medical College & Rajiv Gandhi Government General Hospital, EVR Salai, Chennai-600 003.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the Respondents to act on the Petitioners' representation dated 19.02.2022 and return the Original Degree Certificate to the Petitioners.
For Petitioner : Ms.Anita Thomas For Respondents : Mr.C.Jayaprakash (for R1, R2, R4 & R5) Government Advocate
O R D E R
The petitioners, four in number, have sought a mandamus directing the respondents to act on their representations dated 19.02.2022 seeking return of their original Degree Certificates so as to enable them to proceed further with alternate employment.
2.The petitioners had obtained Degrees/Post Graduate Diplomas in Dermatology, Venereology and Leprosy in May 2015, and had executed bonds consenting to compulsory service in the State of Tamil Nadu after completion of the Post Graduate Diplomas. The petitioners have admittedly completed the final examinations in May 2017 and thus the period of bond of two years has expired in May 2019.
3.Mr.C.Jayaprakash, learned Government Advocate, who has accepted notice for the respondents 1, 2, 4 & 5, confirms that there has been no offer of employment made to the petitioners and as such there is no hurdle in the petitioners receiving their original certificates, presently in the custody of the 5th respondent i.e. the Dean, Madras Medical College, Chennai, in fact, there is a communication issued by R3 i.e. the Registrar of the Tamil Nadu Dr. M.G.R. Medical University dated 09.02.2022, confirming the aforesaid factual position. 4.In light of the discussion as aforesaid, mandamus as sought for, is liable to be issued, and R5 is directed to return their certificates to petitioners within 48 hours from today. This writ petition is disposed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vs/ska
To
1. The Secretary, Department of Health & Family Welfare, Fort St. George, Chennai-9.
2. The Director of Medical Education, Directorate of Medical Education (DME), 156, Poonamallee High Road, Kilpauk, Chennai-10.
3. The Registrar, Tamil Nadu Dr. M.G.R. Medical University, Guindy, Chennai-25.
4. The Registrar, Tamil Nadu Medical Council, 914, Poonamallee High Road, Arumbakkam, Chennai-106.
5. The Dean, Madras Medical College & Rajiv Gandhi Government General Hospital, EVR Salai, Chennai-600 003.
+4ccs to Ms.Anita Thomas, Advocate, S.R.No.26820 +1cc to the Government Pleader, S.R.No.27688 W.P.No.9633 of 2022 & WMP.No.9374 of 2022 SKM[co] NSK 02/05/2022