Nayana.T v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI Dr.Nayana T ... Petitioner in W.P.No.13539 of 2023 Dr.Jazeena M ... Petitioner in W.P.No.13547 of 2023 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.Coimbatore Medical College, Represented by its Dean, Avinashi Road, Peelamedu, Coimbatore - 641 018.
... Respondent in both WPs Prayer in W.P.No.13539 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to return the original certificates of the petitioner collected by the third respondent at the time of her admission and her original Diploma Certificate.
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Prayer in W.P.No.13547 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to return the original certificates of the petitioner collected by the third respondent at the time of her admission and her original P.G.Degree certificate.
For Petitioner (in both WPs) : Mr.E.Manoharan For Respondents (in both WPs) Mr.M.Alagu Goutham Government Advocate ***** COMMON ORDER Since the issue raised in both the writ petitions is one and the same, with the consent of the learned counsel appearing for both sides, these writ petitions were heard together and are disposed of by this common order.
2. Mr.M.Alagu Goutham, learned Government Advocate takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel appearing on either side, these petitions are taken up for final disposal.
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3. The case of the petitioners is that the petitioners were given admission in the third respondent College upon condition that, after completion of their respective courses, they have to serve the Government of Tamil Nadu for a period not less than two years. In this regard, bond for a sum of Rs.20,00,000/- and Rs.40,00,000/- have been given by them respectively. It is the further case of the petitioners that the bond period commenced from June 2018 till May 2020 and June 2020 till May 2022 respectively. During the bond period, the petitioners have not obtained any bond posting order and in both the cases, the bond period has expired. However, the original certificates have not been returned to the petitioners. Hence, the petitioners have approached this Court for appropriate directions.
4. The learned counsel for the petitioners submits that, it would suffice, if this Court issues a direction to the respondents to return all the original certificates of the petitioners collected by the third respondent at the time of their admission and the original diploma/degree certificate, within a time frame that may be fixed by this Court. 3/6
5. The learned Government Advocate appearing for the respondents submits that he has no objection for the said order being passed.
6. In view of the aforesaid submissions, this Court, without going into the merits of the case, directs the respondents to return all the original certificates of the petitioners collected by the third respondent at the time of their admission and the original diploma/degree certificate, within a period of two (2) weeks from the date of receipt of a copy of this order.
7. With the above direction, these writ petitions are disposed of. No Costs.
27.04.2023 Index : Yes / No Speaking order / Non-speaking order sp 4/6
To 1.The Principal Secretary, 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, Coimbatore Medical College, Avinashi Road, Peelamedu, Coimbatore - 641 018.
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M.DHANDAPANI, J.
sp 27.04.2023 6/6