Dr.K.Vandana Roll No. 521426084 v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Friday, the Twenty Fifth day of September Two Thousand Twenty PRESENT THE HON`BLE MR JUSTICE N. ANAND VENKATESH WMP NOS.13588 OF 2020 IN WP NO.11136 OF 2020 AND WMP NOS.13609 OF 2020 IN WP NO.11154 OF 2020 1 DR.K.VANDANA [ PETITIONERS IN WMP.13588/2020 ROLL NO. 521426084, IN WP NO.11136 OF 2020] S/O. K.VISHNU PRASAD, NO.12, MANOHAR AVENUE, OFF CASA MAJOR ROAD, EGMORE, CHENNAI - 600 008 2 DR. R.MUTHULAXMEE ROLL. 521426025, S/O. PK.P RAJESHWARAN, NO.35/24, VASANTHA NIVAS, S-1, 53RD STREET, ASHOK NAGAR, CHENNAI - 600083 3 DR. MAKARLA SHASHANK ROLL NO. 521426040, S/O. DR. M.V.S PRKASH, W-596, PARK ROAD, APSARA MANOR, ANNA NAGAR WEST EXTN.,CHENNAI - 600 101 4 DR.L.LAKSHMII ROLL NO. 521426037, S/O. C.T.LAKSHMANAN, OLD NO. 45/2, NEW NO. 8/2, MUNUSAMY STREET, VENKATESH NAGAR, VIRUNGAMBAKKAM, CHENNAI - 600092 5 DR. VAIBHAVI GOPAL DESIKAN ROLL NO. 521426083, S/O. R.GOPAL DESIKAN, FLAT NO. 1B/2B, BLOCK NO. 7, CEEBROS PARK APRTMENTS, 2A, DR.RADHAKRISHNAN SALAI, VALASARAVAKKAM, CHENNAI -600 087.

6 DR. HARINI ROLL NO. 521426027 S/O. RAVIRAMAN, NO.2, PEETHAMBARAM STREET, GANAPATHYPURAM, RADHA NAGAR, CHROMPET, CHENNAI - 600044 7 DR. R.BHAVANI ROLL NO. 521426015, S/O. RAMAKRISHNAN, NO. 10/22, 54TH STREET, 10TH SECTORE, KK NAGAR, CHENNAI - 600 078 8 DR. N.ANCY NISHA ROL NO. 521426007, S/O. M.G.PAUL NESARAJAN, NO. 43/20, RAJESWARI STREET, METHA NAGAR, CHENNAI - 600 029

9 DR. R.SARANYA ROLL NO. 521426064, S/O. N.RAVI, NO. 852LIG, 18TH CROSS STREET, MOGAPAIR EAST, CHENNAI - 600037 10 DR.G.K. MADHURYA ARITHRA ROLL NO. 521426030, S/O. DR. G.KUMAR, NO.3, PERNAMBET ROAD, THUTHIPET, AMBUR, TIRUPATTUR - 635 811 11 DR.ISSAC LIVIAN RLL NO.521426030, S/O. M.KARIKALAN, B-2, EDI DISPENSARY QUATERS, KILPAUK GARDERN ROAD, KILPAUK, CHENNAI - 600 010 12 DR.C.DHAVASUDHA ROLL NO. 521426018, S/O. R.CHINNADURAI, NO. 4A, 2ND STREET, NLC OFFICERS NAGAR, VADALUR - 607 303 13 DR.P.NIVETHITHA ROLL NO. 521426052, S/O. K. PALANISAMY, NO. 2, MEENAKSHI NAGAR, KOODAL NAGAR EXTN., PUDHUKOTTAI - 622 003 14 DR.M.SUJITHA ROLL NO. 521426077, M.MONYVARNAN, NO. H-7, 2ND FLOOR, PASUMAI APPARTMENTS, REDDIPALAYAM ROAD, MOGAPPAIR WEST, CHENNAI - 600 037 15 DR.D.REVATHI ROLL NO. 521426063, S/O. J.DHANASEKARAN, OLD NO.

15, THIRUVALLUVAR PURAM, 2ND STREET, CHOOLAIMEDU, CHENNAI - 600 094 16 DR.R.PRATHIPA RAMAN ROLL NO. 521426058, S/O. G.RAGHURAMAN, NO.6, 1ST STREET, SUBASH NAGAR, PUTHAGARAM, KOLATHUR, CHENNAI - 600 099 17 DR.S.SUBHASHINI ROLL NO. 521426074, D/O. SUNDARARAJAN, BLOCK NO. 65, C301, LANDMARK MAHALAKSHMI, 11TH AVENUE, ASHOK NAGAR, CHENNAI - 600083 18 DR. NISHATH AFREEN ROLL NO. 521426051, S/O. MOHAMMED MUNAWAR, NO.14, KUMARAN STREET, THANGAM NAGAR, GUDIYATTAM, VELLOE - 632 602 19 DR. K . SOWMYA ROLL NO. 521426071, D/O. KANTHIMATHINATHAN, NO.5/16, TNGO COLONY, 3RD STREET, NANGANALLUR, CHENNAI - 600061.

1 DR.VANISHREE SANKAR [ PETITIONERS IN WMP.13609/2020 ROLL NO.521426085, IN WP.NO.11154 OF 2020] S/O. D.R.SANKAR RAM, ARADHANA, MUKKOLA KARAKULAM, PO, TRIVANDRUM - 695564, KERALA.

2 DR. ARCHA V.S ROLL NO. 521426011, S/O. C.VIJAYAN PILLAI, ANANDA VILASAM, NADAKKAL, KALLUVATHUKKAL, P.O., KOLLAM - 691578, KERALA.

VS 1 UNION OF INDIA [ RESPONDENTS IN WMP.13588/2020 REP. BY ITSPRINCIPAL SECRETARY, IN WP.NO.11136 OF 2020] MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI - 110001 2 EMPLOYEE STATE INSURANCE CORPORATION (ESIC), REP. BY ITS ASSISTANT DIRECTOR- MEDICAL EDUCATION (ME), HEADQUATERS OFFICE, PANCHDEEP BHAVAN, CIG TOAD, NEW DELHI - 110002 3 ESIC MEDICAL COLLEGE AND PGI 4 THE MEDICAL COUNSEL OF INDIA REP. BY ITS SECREATARY, POCKET NO. 15, SECTOR 8, DWARKA, PHASE 1, NEW DELHI - 110077 5 TAMIL NADU MEDICAL COUNCIL REP. BY ITS REGISTRAR, NO.914, POONAMALLEE HIGH ROAD, ARUMBAKKAM, CHENNAI - 106 1 UNION OF INDIA [ RESPONDENTS IN WMP.13609/2020 REP. BY ITSPRINCIPAL SECRETARY, IN WP.NO.11154 OF 2020] MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI - 110001 2 EMPLOYEE STATE INSURANCE CORPORATION (ESIC), REP. BY ITS ASSISTANT DIRECTOR- MEDICAL EDUCATION (ME), HEADQUATERS OFFICE, PANCHDEEP BHAVAN, CIG TOAD, NEW DELHI - 110002

3 ESIC MEDICAL COLLEGE AND PGI 4 THE MEDICAL COUNCIL OF INDIA REP. BY ITS SECREATARY, POCKET NO. 15, SECTOR 8, DWARKA, PHASE 1, NEW DELHI - 110077 5 TAMIL NADU MEDICAL COUNCIL REP. BY ITS REGISTRAR, NO.914, POONAMALLEE HIGH ROAD, ARUMBAKKAM, CHENNAI - 106 6 MEDICAL COUNSELLING COMMITTEE, REP BY ITS ASSISTANT DIRECTOR GENERAL (MEDICAL EDUCATION), DIRECTORATE GENERAL OF HEALTH SERVICES, MINISTRY OF HEALTH AND FAMILY WELFARE, GOVT OF INDIA, ROOM NUMBER 352, A-WING, NIRMAN BHAWAN, MAULANA AZAD ROAD, NEW DELHI-110 011.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of interim direction directing the direct 3rd respondent to issue course-completions, Provisional, Transfer and CRRI Internship Certificates to the petitioners in respect of their MBBS Under-graduate degree course 2014-2015 to 2019-2020 together with the Petitioners` original 10th and 12th Standard certificates under the 3rd respondent`s custody (in WMP.NO.13588 OF 2020) pending disposal of the above WP.NO.

11136 OF 2020 AND; (II) to grant an order of interim stay directing 3rd respondent to issue course-completions, Provisional, Transfer and CRRI Internship Certificates to the petitioners in respect of their MBBS Under-graduate degree course 2014-2015 to 2019-2020 together with the Petitioners original 10th and 12th Standard certificates under the 3rd respondents custody(in WMP.NO.13609 OF 2020) pending disposal of the above WP.NO.11154 OF 2020 respectively. Order : These petitions coming on for orders upon perusing the petitions respective and the affidavits filed in support thereof and upon hearing the arguments of MR.C.P.SIVAMOHAN, Advocate for the petitioner in both the petitions and of Mr.K.

Prabakar, Standing Counsel on behalf of the Respondent in both the petitions the court made the following order:- This Court had passed an order on 21.08.2020, wherein an interim direction was given to the 3rd respondent to take an appropriate undertaking from the petitioners while handing over the certificates and the petitioners were also directed to return back the certificates to the 3rd respondent after registering their names before the Tamil Nadu Medical Council.

2.

The grievance of the petitioners is that till date, the certificates have not been handed over by the 3rd respondent and the date for registration before the Tamil Nadu Medical Council is coming to an end by next week.

3.

Mr.K.Prabakar, learned Standing Counsel appearing on behalf of ESI Corporation submitted that the interim direction issued by this Court will be complied with during the course of next week.

4.

The undertaking given by the learned counsel appearing on behalf of the ESI Corporation is recorded.

-sd/- 25/09/2020 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL SECRETARY, UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI - 110001 2 THE ASSISTANT DIRECTOR- MEDICAL EDUCATION (ME), EMPLOYEE STATE INSURANCE CORPORATION (ESIC), HEADQUATERS OFFICE, PANCHDEEP BHAVAN, CIG TOAD, NEW DELHI - 110002 3 ESIC MEDICAL COLLEGE AND PGI 4 THE SECREATARY, MEDICAL COUNSEL OF INDIA POCKET NO. 15, SECTOR 8, DWARKA, PHASE 1, NEW DELHI - 110077 5 THE REGISTRAR, TAMIL NADU MEDICAL COUNCIL NO.914, POONAMALLEE HIGH ROAD, ARUMBAKKAM, CHENNAI - 106

6 THE ASSISTANT DIRECTOR GENERAL (MEDICAL EDUCATION), MEDICAL COUNSELLING COMMITTEE, DIRECTORATE GENERAL OF HEALTH SERVICES, MINISTRY OF HEALTH AND FAMILY WELFARE, GOVT OF INDIA, ROOM NUMBER 352, A-WING, NIRMAN BHAWAN, MAULANA AZAD ROAD, NEW DELHI-110 011.

C.C. to MR/C.P.SIVAMOHAN Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in WMP NOS.13588 OF 2020 IN WP NO.11136 OF 2020 AND WMP NOS.13609 OF 2020 IN WP NO.11154 OF 2020 Date :25/09/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (01/10/2020)