Dr.S.Vishnupriya v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.05.2022
CORAM
THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM W.P.No.13315 of 2022 and W.M.P.Nos.12586 & 12587 of 2022 1.Dr.S.Vishnupriya 2.Dr.P.Holini Sushma 3.Dr.Akashkumar.B.Y.
4.Dr.R.Vaishnavi 5.Dr.J.Prasanth Narayanan 6.Dr.J.JegaPriya
...Petitioners
Vs.
1.The State of Tamil Nadu, Represented by its Principal Secretary, Health and Family Department Secretariat, Chennai - 600 009.
2.Directorate of Medical Education, Represented by the Director of Medical Education Kilpauk, Chennai - 600 010.
3.Madras Medical College, Represented by its Dean, E.V.R. Salai, Chennai - 600 003.
4.Government Kilpauk Medical College, Represented by its Dean, Poonamallee High Road, Kilpauk, Chennai - 600 010.
5.Government Stanley Medical College, Represented by its Dean, No.1, Old Jail Road, Chennai - 600 001.
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing
the respondents to return the original certificates of the petitioners collected by the 3rd to 5th respondents colleges during the time of their PG admission.
For Petitioners: Mr.J.Madanagopala Rao For Respondents: Mr.S.Ravi Kumar Special Government Pleader
O R D E R
The relief sought for in the present writ petition is to direct the respondents to return the original certificates of the petitioners collected by the respondents 3 to 5, during the time of admission.
2. Admittedly, the writ petitioners have undergone Post Graduate Courses in various disciplines in Government Institutions. They have completed their respective speciality courses and they are awaiting the posting orders from the Government as per the bond executed by them. As per the bond condition, the petitioners are bound to serve in Government Hospitals for a minimum period of two years after completion of the speciality courses.
3. The learned counsel for the petitioners mainly contended that, even after the completion of the Post Graduate Courses, the respondents have not issued the posting orders and further, not returned the original certificates, enabling the writ petitioners to continue their medical practice. Hence, these petitioners are constrained to move the present writ petition.
4. It is not in dispute between the parties that, during the admission to Post Graduate courses in various specialities, the writ petitioners have executed a bond and as per the conditions of the bond, the petitioners are bound to serve in Government Hospitals for a minimum period of two years after completion of their respective speciality courses.
5. The learned Special Government Pleader appearing on behalf of the respondents furnished a copy of the written instructions issued by the Director of Medical Education, dated 24.05.2022. As per the written instructions of the Director of Medical Education, the Department has decided to conduct counselling for the Service Post Graduates in the first week of June, 2022, since the Post Graduates are undergoing their final
examination and the counselling for the Non Service Post Gruaduates will be held in the second week of June, 2022.
6. The written instructions issued by the Director of Medical Education, in clear terms, states that the counselling will be conducted by the competent authority in the month of June, 2022. Then, it is clarified that the petitioners will be issued with the appointment and posting orders during the counselling scheduled to be held in the month of June 2022. The petitioners are bound to participate in the counselling and serve in Government Hospitals as per the bond executed by them.
7. The Government has also spent huge amount of tax payers' money for imparting Post Graduate speciality courses. When public money has been spent for the education for these doctors and specifically, for acquiring specialisation in medicine, their services are required for the public at large.
8. Even as per the Medical Council of India, the doctors are bound to serve for the welfare of the citizens of our great nation. They have taken an oath in this regard. Therefore, all the conditions are to be complied with by the petitioners in the interest of public and to honour the oath taken by them on completion of their respective medical courses.
9. This being the factum established, the respondents are directed to conduct the counselling as per schedule stated in the written instructions dated 24.05.2022 and issue appointment and posting orders to all the petitioners enabling them to serve in Government Hospitals in compliance with the bond conditions. It is needless to state that the eligible stipend is to be paid to these doctors as per the Rules in force.
10. With these directions, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar mkn/ab
To 1.The Principal Secretary, State of Tamil Nadu, Health and Family Department Secretariat, Chennai - 600 009.
2.The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai - 600 010.
3.The Dean, Madras Medical College, E.V.R. Salai, Chennai - 600 003.
4.The Dean, Government Kilpauk Medical College, Poonamallee High Road, Kilpauk, Chennai - 600 010.
5.The Dean, Government Stanley Medical College, No.1, Old Jail Road, Chennai - 600 001.
+1 CC to The Government Pleader sr 31786.
W.P.No.13315 of 2022 BR(CO) SP(01/06/2022)