Madras High CourtWP/10271/2024allowed

Dr.Amritha Suresh Babu, v. The Dean,

2024-04-16Honourable Mr Justice S.M. Subramaniam8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Dr.Amritha Suresh Babu ... Petitioner Vs.

1. The Dean, Coimbatore Medical College, Coimbatore -641014.

2. The Directorate Of Medical Education, No. 162, Evr Periyar Salai, Kilpauk, Chennai -600 010.

3. The Directorate Of Medical And Rural Health Services, No. 359, Anna Salai, DMS Complex, Annasalai, Chennai -600 006.

4. The Principal Secretary, Health And Family Welfare Department, Secretariat, Chennai -600 009.

5. National Medical Commission, Rep. By Its Secretary, Pocket -14, Sector-8, Dwaraka Phase-1, New Delhi -110 077.

... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 1st Respondent 1/8

to handover to the petitioner,(1.) Petitioners Original MBBS Degree Certificate issued by Kerala University of Health Sciences, Thrissur, Kerala (Reg.No.140010862 Dated 28.01.2021), (2.)Petitioners Original Internship Completion Certificate (date 29.04.2020), (3.) Petitioner's UG Registration Certificate (Reg.No. 75864 date. 30.06.2020), (4.) Petitioner's Original UG Course Cum Conduct Certificate (Date. 12.11.2021), (5.)Petitioner's Original MBBS Statement of Mark Sheets and (4 in Nos), (6.)Petitioner's Original Secondary School Examination Mark Sheet (Roll No. 4165851 date. 31.05.2011), (7.) Petitioner's Original Senior School Certificate Examination (Roll No. 4639919 date 27.05.2013), (8.)Petitioner's Original Caste Certificate (Government of Kerala Date. 21.11.2022), and (9.)Petitioner's Original Transfer Certificate (Govt.

Medical College, Kottayam-Kerala Date. 25.06.2022, T.C.No. B5/63/22/mckk) on or before 17.04.2024 so as to enable the petitioner to produce them before the Kerala Public Service Commission on 18.04.2024 for Certificate Verification by considering the petitioner's representation dated 05.04.2024 and by recording the undertaking of the petitioner that she will resubmit the above said original certificate before the 1st respondent immediately after the certificate verification. For Petitioner : M/s.K.Madhu For Respondents : Mr.K.

Ms.Subharanjani Ananth, Senior Counsel for NMC (for R5).

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ORDER

The writ of mandamus has been instituted to direct the 1st Respondent to handover to the petitioner, (1)Petitioner's Original MBBS Degree Certificate issued by Kerala University of Health Sciences, Thrissur, Kerala (Reg.No.140010862 Dated 28.01.2021), (2)Petitioner's Original Internship Completion Certificate (date 29.04.2020), (3)Petitioner's UG Registration Certificate (Reg.No. 75864 date. 30.06.2020), (4)Petitioner's Original UG Course Cum Conduct Certificate (Date. 12.11.2021), (5)Petitioner's Original MBBS Statement of Mark Sheets and (4 in Nos), (6)Petitioner's Original Secondary School Examination Mark Sheet (Roll No. 4165851 date. 31.05.2011), (7)Petitioner's Original Senior School Certificate Examination (Roll No. 4639919 date 27.05.2013), (8)Petitioner's Original Caste Certificate (Government of Kerala Date. 21.11.2022), and (9)Petitioner's Original Transfer Certificate (Govt. Medical College, 3/8

Kottayam-Kerala Date. 25.06.2022, T.C.No. B5/63/22/mck), on or before 17.04.2024 so as to enable the petitioner to produce them before the Kerala Public Service Commission on 18.04.2024 for Certificate Verification by considering the petitioner's representation dated 05.04.2024 and by recording the undertaking of the petitioner that she will resubmit the above said original certificate before the 1st respondent immediately after the certificate verification.

2. The request of the petitioner to handover the original certificates was rejected mainly on the ground that the petitioner has to serve in the Government Medical College Hospital based on the bond condition. In the event of failure, the petitioner agreed to pay a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs Only). Thus, the authorities insisted the petitioner to pay the bond amount for the purpose of receiving the original documents even for temporary purpose. The petitioner has to serve one more year with the Government Medical College Hospital to complete the course. Meanwhile, the petitioner has taken an examination conducted by the Kerala Public Service Commission and she requires the certificates to be produced for verification before the Kerala Public Service Commission.

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3. The learned counsel for the petitioner would submit that the petitioner is already ready with the Bank Demand Draft to the tune of Rs.25,00,000/- (Rupees Twenty Five Lakhs Only) which will be submitted immediately to the respondents. On receipt of the Demand Draft, the respondent may handover the certificate to the petitioner for the purpose of producing the same for verification before the Kerala Public Service Commission. The learned counsel for the petitioner would further submit that the petitioner will surrender all those certificates on 22.04.2024.

4. In view of the said undertakings, the respondents are directed to receive the State Bank of India Demand Draft, drawn in the name of the Dean, Coimbatore Medical College, Coimbatore, dated 16.04.2024, for a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs Only), and on such receipt, the respondents are directed to handover all the original certificates to the petitioner immediately by today, enabling her to produce the same for verification before the Kerala Public Service Commission. The petitioner is directed to surrender all those received certificates on 22.04.2024.

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5. With the above conditions, the writ petition stands allowed. However, there shall be no order as to costs. 16.04.2024 Index : Yes Speaking Order (sha) NOTE: Issue the order copy on 16.04.2024 6/8