Dr.Tanzir As v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2025

CORAM:

THE HONOURABLE MRS. JUSTICE N.MALA

1. Dr.Tazir.A.S.

... Petitioner Vs

1. The State of Tamil Nadu Rep.by its Principal Secretary Health and Family Department Secretariat, Chennai 600 009.

2. Directorate of Medical Education Kilpauk, Chennai 600 010.

3. The Directorate of Public Health and Preventive Medicine, Anna Salai, Teynampet, Chennai 600 086.

4. The Director of Medical and Rural Health Services Anna Salai, Chennai.

5. The Dean, Government Thanjavur Medical College Hospital, Thanjavur 613 004. .... Respondents 1/6

Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus directing the respondents to return the original educational certificates of the petitioners, in light of G.O.Ms.No.49 Health and Family Welfare (MCA-1) Department dated 28.02.2024 by taking into account the one year of regular bond duty rendered by the petitioner from 26.02.2024 to 28.02.2025. For Petitioner : Mr.C.Vidhusan For Respondents : Mrs.M.Sneha Special Counsel

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents to return the original educational certificates of the petitioners, in the light of G.O.Ms.No.49 Health and Family Welfare (MCA-1) Department dated 28.02.2024, by taking into account the one year of regular bond duty rendered by the petitioner from 26.02.2024 to 28.02.2025.

2. The petitioner was admitted on merit for Post Graduation course 2/6

in Government College of Tamil Nadu, Tanjavur. He joined the PG course in December 2020. The respondents conducted counselling for the Post Graduate Super Speciality Candidates of 2023 batch, on 23.01.2024, the petitioner attended the counselling conducted on 23.01.2024, and was allotted posting in the 5th respondent Medical College and Hospital. The petitioner joined duty on 26.02.2024. While so, the Health and Family Welfare (MCA-1) Department vide G.O.Ms.No.49 dated 28.02.2024, issued an order to the effect that the bond period for Non Service Post Graduates (Dental / Super Speciality) who completed their Post Graduate courses in the year 2023 would be reduced from two years to one year. The petitioner claimed the benefit of the said G.O, as he had completed his Post Graduate Super Speciality, in the year 2023.

According to the petitioner he completed his bond period and therefore he was entitled for return of certificates. Though the petitioner requested the respondents to return his original certificates, the respondents refused to return the same. Hence the petitioner filed the present writ petition for the aforementioned relief.

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3. Heard both sides and perused the materials available on record.

4. The facts are not disputed. The petitioner joined Post Graduate Higher Speciality Degree Course in the 5th respondent Government Medical College, in December 2020. The respondents conducted counselling for the Post Graduate Super Speciality candidates of 2023 batch on 23.01.2024. The petitioner attended the counselling conducted on 23.01.2024, was allotted posting in the 5th respondent Medical College and Hospital, and joined duty on 26.02.2024. While so, the Government issued G.O.Ms.No.49 dated 28.02.2024, to the effect that the bond period for Non Service Post Graduates (Dental/Super Speciality) who completed their Post Graduate courses in the year 2023 was reduced from two years to one year.

5. In view of the above facts and considering that the petitioner completed his bond service period of one year, the respondents in my opinion cannot retain the petitioner's original certificates. Hence, I am inclined to issue a direction to the 5th respondent to return the original 4/6

certificates of the petitioner within a period of two weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is allowed. No costs. 26.03.2025 dpq Index: Yes/No Speaking order / Non speaking order To

1. The State of Tamil Nadu Rep.by its Principal Secretary Health and Family Department Secretariat, Chennai 600 009.

2. Directorate of Medical Education Kilpauk, Chennai 600 010.

3. The Directorate of Public Health and Preventive Medicine, Anna Salai, Teynampet, Chennai 600 086.

4. The Director of Medical and Rural Health Services Anna Salai, Chennai.

5. The Dean, Government Thanjavur Medical College Hospital, Thanjavur 613 004 5/6

N. MALA, J.

dpq 26.03.2025 6/6