D.Shanmugapriya Md General Medicine v. The State Of Tamilnadu
2024:MHC:1416
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.03.2024
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH Dr.D.Shanmugapriya .... Petitioner 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.
5. The Dean, Govt. Mohan Kumaramangalam Medical College, Steel Plant Road, Kollapatty, Salem, Tamil Nadu Pin - 636 030.
.... Respondents 1/5
Prayer: Petition 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 petitioner from bonded service in Government Nilgiris Medical College, The Nilgiris and to direct 5th respondent to return all original certificates and documents collected by the 5th respondent while admitting the petitioner to the post graduate degree course along with their post Graduate degree certificate.
For Petitioner : Mr.V.Kadhirvelu For Respondents : Mr.M.Bindran Additional Government Pleader
O R D E R
Mr.M.Bindran, learned Additional Government Pleader accepts notice for the respondents and is armed with instructions to enable final disposal of this Writ Petition, even at the stage of admission.
2. The prayer of the petitioner is to release her 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.
2/5
3. Fortunately, the petitioner has made a representation dated 12.03.2024 before the authorities echoing the prayer made in this Writ Petition.
4. Hence, mandamus is issued to the Director of Medical Education/R2 to consider her representation in light of the prevailing Government Orders as applicable to the petitioner. For this purpose, the petitioner 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.
5. R2 shall give audience to the petitioner, hear her and pass orders on her representation in accordance with law and all prevailing Government Orders, within a period of three (3) weeks from date of her personal hearing.
6. This Writ Petition is disposed as above. No costs. 21.03.2024 Index:Yes/No Speaking order sl 3/5
Dr.ANITA SUMANTH,J.
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.
5. The Dean, Govt. Mohan Kumaramangalam Medical College, Steel Plant Road, Kollapatty, Salem, Tamil Nadu Pin - 636 030.
4/5
21.03.2023 5/5