P.S.Sairam, v. State Govt. Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.10.2018
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.No.23874 of 2018 1.P.S.Sairam
2. Saad Aslam Khan
3. Neimenuo Kuotsu
4. Dr. Amit Kumar
5. Jyothis Puliyamkunnath Jose
6. T.M. Vaishnavi
7. K.Kokila
8. Midhun Mohan
9. G. Vijay 10.M.Ramya Jothi 11.Warang Omkar Sharad 12.V.Vishnupriya 13.Neha Dhok 14.Sugumaran Kandasamy 15.Balarisuk Byrsat 16.Anusree A Karun 17.Poornima K Nair 18.Uday Srinivas 19.Thamaraikannan 20.Poornima.T 21.Merin Varghese 22.Martum Jokik 23.Ganga Chellamuthu 24.K.Sangheetha 25.Nishant Kumar Sahu 26.Pournami B 27.R. Srinath 28.K.Gayathri 29.Priyanka V K 30.Kethavath Anitha 31.Flaicy Varghese 32.Savitha Manokaran 33.Chidambaram Sethuraman 34.Vyas Narayan 35.Sanjana.S 36.Karthika Sankar 37.Suhan Dinesh Narayan 38.Vaishnavi VK 39.Ashwini Muthusamy
40.Kochami P.A 41.Haritha 42.M. Amala Grace 43.Nandhini M.V 44.Vidhya Mohan 45.Sharadha Sundararaman 46.Priyadharsini Jayaprakash 47.Hangshing Thanglawmlal 48.Pradeep Ram S.S 49.J.Nivedita 50.G. Dhivyalakshimi 51.Nazia Hussain 52.Shruthi Jayapal 53.Rajesh M 54.Malavika S 55.Lekshmi Mohan 56.Kaliraj Alwar Murugaraj 57.Susan Jacob 58.R. Afreen Nahar 59.Soundarya Balajee 60.Ajay Abraham 61.Thuraka Shilpa Reddy 62.Nivetha Kameswari V 63.Ann Mary Zacharias 64.Sarath R S 65.Kandkurtikar Rachana Ramchandra 66.G Prasanth 67.Hridya Vasudevan 68.K Lohit Sai 69.Sony P S 70.Teena K 71.Vidhya Rengaraju 72.C.S. Sri Sughanya 73.A K Roopa 74.S. Anu 75.Antony Thomas 76.Jayasree Rajendiran 77.Devi Krishna G S 78.K Praveen 79.Sudha Janaky M S 80.Thomas Babu 81.R Jay Ganesh 82.Ritika Gautam 83.Sneha Suresh 84.Gokul Prasannan 85.Swathy Raju 86.Trupti Narasimhappa 87.Gomathi V 88.Reman Rajendran 89.A Suja Rajan
90.Shraavan Kumar B S 91.Manochithra 92.Swetha K 93.Vijayaragavan R 94.K G Raj Nihedan 95.A. Abdul Rahim 96.Ameena Aslam 97.Jithu George 98.Ashwini Rajasekaran 99.Krishna Kumar S 100.Atchaya Elangovan 101.Lalitha Rajalakshmi 102.Anusha Ramadoss 103.Treesa P Vattakuzhi 104.Jerrin C Joy 105.Aruna S.K 106.Anupama S 107.C.Madhumitha 108.Raut Ashwini Sanjay 109.Rubu Anu 110.Poornima Nair 111.Sree Divya M 112.T D Varneikip Chiru 113.Prasanth J 114.Swathi Prakash J 115.P.Ezhil 116.Rojer David Binny V 117.Anbarasan S 118.G Nagapriya 119.Sai Shiva G 120.Manju Muniyappa 121.Srinidhi V 122.R.Aiswariya 123.Dhivyaa M 124.Swati Gupta 125.Remya E 126.Shibin Sasidharan 127.Utpal Sutaria 128.N Sudha Priyadharsini 129.Salahudheen M 130.Ajitha D 131.Saranya S 132.Abdul Latheef Abdul Gafoor 133.Shirley T Leivon 134.S Anbarasan 135.Arjun C 136.Ingersal N 137.Varun P.G.
138.Kartavya Kavadya 139.Jerry Abraham Joseph
140.Sinju Sankar P 141.Ani Thampi 142.Shabin J 143.Sunganya E 144.N Ezhil 145.Lakshmi, S. Subedar 146.Remya Parvathy R 147.Bogala Gowthami 148.Sruthi R S 149.Inan Lollen 150.Vivek Nagappa 151.M Srilaxmi 152.Delphin Supriya J 153.Sarath Haridas 154.Aswathy B.S 155.Jamkjhopum Baite 156.Mohammed Thariq 157.Anju Rose George 158.K Praveen 159.Meghana Selvaraj 160.R.Karthik 161.Namitha Rajendran 162.Sathiya T 163.Arun Govind 164.Aarushi Manu 165.Ishwarya Jeyaganthi 166.T Rajakumari 167.Insha Mehraj Kak 168.Arul Murugan A 169.Arunkumar A 170.Niranjana Asokan 171.Arulselvan 172.S Pravinselvam 173.J Manoj 174.Amuthavalli K 175.Mohanapriya Arumugam 176.Jaya Jarika 177.Midhun K Prakash 178.Kaviya Murugesan 179.Gnaneshwari P S 180.Deepika M 181.Hima Surendran 182.Sanju S T 183.Arun Prasanth K 184.Ambuja Sekhar 185.J Hemilda Perianayaki 186.Ashwini B 187.Kunal Kishor Taware 188.S Murali Krishnan 189.S Thalabathik Kumara Vikram
190.Sanjeev P 191.Sanjana S 192.Ragini Rajan 193.Nikhil Raj R 194.Dr.B.Agni 195.Mr. Vasanth Karthikeyan 196.Abdulla Anchukandan 197.PC Hmingmuanpuii 198.Anwika Kirti Kujur 199.Jamsheer VT 200.Dr. Karthikeyan.M 201.Dr. M.Mariam Habeeba 202.Dr. Vijayakumar.A 203.Dr.Esakki 204.Dr. Subashini M.R.
205.Sriradhu V.G.
206.Sindhu Kalyanaraman 207.Meenaxi P Mehta 208.M.Y.Mohamed Yasar ... Petitioners
Versus
1.State (Government of Tamilnadu) Through its Secretary Department of Health & Family Welfare, Fort St. George Chennai-600 009.
2.Director of Medical Education, Directorate of Medical Education(DME), 156,Poonamalle High Road, Kilpauk, Chennai-600010.
3.Registrar The Tamil Nadu Dr.M.G.R.Medical University,Guindy, Chennai-600025 4.The Registrar Tamil Nadu Medical Council 914, Poonamalle High Road Arumbakkam Chennai-600 106. ... Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the 3rd respondent herein to implement the direction issued by the 2nd respondent by its communication in his proceedings Ref. No.51829/MEEII/1/2017 dated 17.07.2017
For Petitioner : Mr.R.K.Poswal For R1 & R2 : Ms.V.Annalakshmi, G.A.
For R3 : P.Rajalakshmi SC
O R D E R
This Writ Petition has been filed for issuance of a Writ of Mandamus directing the third respondent namely the Registrar, Tamil Nadu Dr. MGR Medical University, Guindy, Chennai to implement the direction issued by the second respondent by its communication dated 17.07.2017.
The Petitioners in this writ petition are all young Doctors by profession. The petitioners got admission into various medical colleges by selection under All India Quota as per the marks in the Government Entrance Examination. The petitioners have successfully completed their MBBS course. The petitioners underwent one year compulsory Resident Internship Training at different Government hospitals attached to the third respondent. All the Medical Colleges in which the petitioners have undergone their medical course are recognised by the Medical Council of India and affiliated to the third respondent university.
It is not in dispute that the petitioners have enrolled with the Tamil Nadu Medical Council and the certificates of qualification of MBBS course from the respective colleges were also issued to the petitioners. After completion of their course, the petitioners along with similarly situated candidates requested the third respondent from time to time to handover back to the petitioners, their respective original certificates and testimonials submitted by the petitioners at their time of admission. It is stated that the third respondent refused to return the same on the ground that unless a bond in writing is given by the petitioners to the effect that they would work in the State of Tamil Nadu for two years. The certificates of the petitioners have not been returned to them and hence the present writ petition.
The case of the petitioners is that in respect of students, who were admitted in the medical institutions on all India basis, no bond is required and the petitioners cannot be compelled to work in the State of Tamil nadu for two years and that this position is already settled by the Hon'ble Supreme Court in several cases. It is further stated that the second respondent by a communication dated 17.07.2017 has issued a direction to all the Deans of Government Medical Colleges under the control of Directorate of Medical Education has given the
following communication.
"In continuation of this office letter cited, all the Deans of Government Medical Colleges are instructed to return the original certificates only to the students selected under All India Quota without insisting on the undertaking."
By virtue of the communication, the second respondent has directed all the Medical Colleges under the control of Directorate of Medical Education to return the certificates to the students selected in All India Quota without insisting their undertaking.
The learned counsel for the petitioner relied upon the judgment of this court in the case of Dr. R. Lakshmi Malar Vs. the Directorate of Medical Education and another in W.P.No.14593 of 2014 dated 20.06.2014. In the said case, the student got admission under the Government Quota, and completed her course in May 2014. However, the original certificates of the petitioner were not returned by the Dean of the Madras Medical College and hence, she filed a writ petition for issuance of writ of mandamus directing the respondents to return all the original certificates.
The said writ petition was contested by the respondent on the ground that the student has executed a bond to serve in Government Medical hospitals for a period of two years and has under taken to pay a fabulous sum by way of compensation if she do not want to serve in the Government hospital. The question is whether the certificates can be withheld as a condition precedent, was directly answered by this Court in favour of the writ petitioner after following the judgment of Division Bench of this Court in writ Appeal No.2248 of 2013.
Having regard to the communication sent by the second respondent to the Deans of all the Medical colleges and other institutions, this court is of the view that the respondents cannot retain the certificates of the petitioners no longer for enforcing the bond condition, which is not applicable to the petitioners. As a result, the writ petition is allowed and the respondents, concerned medical institutions, in which the petitioners have undergone the medical course should handover the original certificate forthwith, after confirming the fact that the petitioners were admitted in the respective Government Medical Colleges on All India basis and the petitioners are entitled to get their certificates in tune with, the communication issued by the second respondent dated 17.07.2017.
No costs. If any of the petitioner has executed any bond, the petitioner shall give an undertaking suitable at the time of getting the certificates.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mpa/rpl To
1. The Secretary State Government of Tamilnadu Department of Health & Family Welfare, Fort St. George Chennai-600 009.
2. Director of Medical Education, Directorate of Medical Education(DME), 156,Poonamalle High Road, Kilpauk, Chennai-600010.
3. Registrar The Tamil Nadu Dr.M.G.R.Medical University,Guindy, Chennai-600025
4. The Registrar Tamil Nadu Medical Council 914, Poonamalle High Road Arumbakkam Chennai-600 106.
+2cc to Mr.R.K.Poswal, Advocate, S.R.No.67733 +1cc to the Government Pleader, S.R.No.68850 W.P.No.23874 of 2018 rgn(co) cs/11/10/2018