Dr.G.Karthick v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.NO.13516 OF 2022 & W.M.P.NOS.12705 & 12707 OF 2022
1. Dr.G.Karthick
2. Dr.Sethuraman.A.L.
3. Dr.R.Madhusudhanan
4. Dr.Gowsika P.V.
5. Dr.D.Poonguzhali
6. Dr.Santhosh Kumar.S
7. Dr.Navin Sundar A.J.
8. Dr.Deepan.M.M.
9. Dr.M.Nirmal Kumar
10. Dr.R.Naveen Kumar
11. Dr.P.Sivaranjani
12. S.Rajeswari
13. Dr.G.Sateesh Babu
14. Dr.Sakthieswaran.S
15. Dr.Sowmya.R
16. Dr.J.Dhivya
17. Dr.K.B.Vignesh
18. Dr.A.Amir Khan
19. Dr.Alwine Leonard Dani J
20. Dr.Vignesh ... Petitioners .Vs.
1. The State of Tamil Nadu, Rep. By its Principal Secretary, Health and Family Department, Secretariat, St. George Fort, Chennai - 600 009.
2. The Director of Medical Education, Kilpauk, Chennai - 600 010.
3. The Government Thanjavur Medical College, Thanjavur, Represented by its Dean.
... Respondents
PRAYER:- Writ petition filed under Article 226 of the Constitution of India for writ of Mandamus directing the respondents to return the original certificates of the petitioners collected by the 3rd respondent College of the petitioners collected by the third respondent College at the time of their admission. For Petitioner :
Mr.R.Singaravelan Senior Counsel For Mr.R.Vijayakumar For Respondents : Mr.K.H.Ravi Kumar Government Advocate
ORDER
This writ petition has been filed for a mandamus seeking for a direction to the respondents to return the original certificates back to the respective petitioners.
2. Heard Mr.R.Singaravelan, learned Senior Counsel representing Mr.R.Vijayakumar, learned counsel for the petitioner and Mr.K.H.Ravikumar, learned Government Advocate appearing for the respondents.
3. Learned Government Advocate appearing for the respondents on instructions would submit that the respondents are willing to return back the original certificate to the petitioners who have not been given posting in the Government Departments provided they give a letter of undertaking as per the format prescribed by the respondents.
4. Learned Government Advocate appearing for the respondents has placed reliance of the Division Bench Order dated 29.06.2022 passed in W.A.Nos.1472 & 1422 of 2022 and the relevant portion of the said judgment is extracted hereunder:
"3. Learned State Government Pleader has placed on record a copy of the instructions dated 29.06.2022 issued by the Director of Medical Education, the last para of which is quoted under: "As per the instructions of Hon-ble High Court the certificates of Doctor for whom posting could not be given due to vacancy position will be returned with an undertaking to offer their services, if they are called
during their bond period (2 years) in Emergency Situation in Health Department."
A decision has been taken to return the documents/papers to the candidates to whom the posting could not be given due to the vacancy position with undertaking to offer service if they were called during the bond period of two years in emergency situation in the Health Department.
4. Learned counsel appearing for the candidates have no objection in accepting the aforesaid and accordingly, the writ appeals are disposed of with a direction to the official respondents to return the documents to the candidates on a condition that has been quoted above. The undertaking to offer their service by the candidates would be furnished within a week and thereupon, the documents/papers pertaining to their qualification would be released.
With the aforesaid, the judgment of the learned Single Judge is modified. No costs. Consequently, connected miscellaneous petitions are closed."
5. However, learned counsel for the petitioners would submit that the Division Bench Judgment referred to supra is a consent order whereas in the instant case, the petitioners seek for return of original certificates unconditionally and they are not agreeable for any conditions to be imposed upon them. He would further submit that in the case of the petitioners who are in Government Service also, the original certificates must be returned by the respondents and it can be substituted by way of photocopy or notarized copy of the certificates.
6. The submissions made by the respective counsels are recorded. No prejudice would be caused to the respective petitioners who have not been given posting in the Government Department, if the undertaking/declaration as recorded by the Division Bench of this Court in paragraph 3 of the Judgment dated 29.06.2022 passed in W.A.Nos.1472 & 1422 of 2022 referred to supra is given by the respective petitioners.
7. Accordingly, the respondents are directed to return the original certificates back to the respective petitioners who have not been granted posting in the Government Department by the respondents after receiving an undertaking from them as stated supra within a period of one week from the date of receipt of copy of this Order. Insofar as the Doctors who have been given placement by the respondents in various departments are concerned, the question of return of the original
certificates will not arise as they are still in service and once their bond period is over, the respondents will have to return the original certificates back to them automatically.
8. With the aforesaid direction, this Writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar nl To 1.
The Principal Secretary, Health and Family Department, Secretariat, St. George Fort, Chennai - 600 009.
2.
The Director of Medical Education, Kilpauk, Chennai - 600 010.
3.
The Dean, The Government Thanjavur Medical College, Thanjavur.
+1cc to Mr.R.Vijayakumar, Advocate, S.R.No.43648 +1cc to the Government Pleader, S.R.No.44594 W.P.NO.13516 OF 2022 MG(CO) PBS/22/07/2022