S.Santhosh Kumar v. Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-08-2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
1. S.Santhosh Kumar S/omr Subramanian Residing At No 7/519, B.Kumaran Nagar Sultan Pet Post Coimbatore District 641 669 Petitioner(s) Vs
1. Principal Secretary To Government Of Tamil Nadu Health And Family Welfare Department, Secretariat, Chenani 600 009 2.Director Of Medical Education No 162, EVR Periyar Salai Kilpauk Chennai 600 010 3.Director Of Medical And Rural Health Services No 359 Anna Salai Chokkalingam Nagar Chennai-600 006 4.The Dean Coimbatore Medical College And Hospital Coimbatore 641 018 Respondent(s) PRAYER Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, to call for the records
of the impugned order issued by the 4th respondent vide Ref. No 4036/ ME1/2022 dated 16.02.2024 and quash the same as null and void, illegal and invalid, and consequently directing the respondents to forthwith to release bank guarantee of Rs 40 lakhs granted by the petitioner while to get back petitioner's original certificates, for higher study which was collected by the 4th Respondent while admitting the petitioner to post graduate degree course in 4th respondent college, after providing a surety letter without producing a bank guarantee in the light of judgements in WA.Nos.2256, 2257 & 2259 of 2022. For Petitioner(s):
Mr.P.Ganesan For Respondent(s): Mr.K.Tipuu Sultan, Govt.Advocate For R1 To R4 *****
ORDER
The instant writ petition has been filed seeking for a writ of Certiorarified Mandamus, to quash the impugned letter dated 16.02.2024 and direct the respondents to forthwith to release bank guarantee of Rs.40 lakhs.
2. Heard Mr.P.Ganesan, learned counsel for the petitioner and Mr.K.Tippu Sultan, learned Government Advocate appearing for the respondents.
3. The learned counsel for the petitioner would submit that the
petitioner participated in the NEET PG Examinations in 2018 and joined in M.S.General Surgery Course at Coimbatore Medical College and Hospital under the General Category. It is the further submission of the petitioner that in pursuance thereof, the petitioner executed a bond to the tune of Rs.40 lakhs with a declaration that he will serve the Government of Tamil Nadu Medical Services for a period of two years. However, after completing M.S.General Surgery Course, he got seat under the All India quota for Super Speciality course of Hepato Pancreato Biliary Surgery/Surgical Gastroenterology (G.I.Surgery) in Government Medical College, Thiruvananthapuram.
Due to the same, he was not able to undergo the bond period of two years and that for joining the super speciality course, when he required his original certificates, the respondent has directed the petitioner to submit the Bank Guarantee for a sum of Rs.40 lakhs, based on which, the petitioner has submitted the bank guarantee. It is the contention of the learned counsel for the petitioner that for the similarly placed persons, the respondents had attempted to substitute a super speciality course with an undertaking to continue the bond conditions after completing the degree. The petitioner is also willing to pursue his bond service after completing his super speciality course.
4. At this juncture, the learned Government Advocate would invite the attention of this Court in respect of the order dated 23.05.2025
passed by the learned Single Judge of this Court in Rev.Aplw.Nos.146 to 148 of 2025 [State of Tamil Nadu Vs. Dr.Sibichakkaravarthy and others] and would submit that if the petitioner is willing to comply with the directions given in the Review Petition, they may release the bank guarantee.
5. In view of the above submissions, the following orders are passed:- 1.
The petitioner is directed to get an undertaking from the Government Medical College, Thiruvananthapuram to the effect that on completion of super speciality course by the petitioner, they will return all the original certificates to the Directorate of Medical Education.
2.
On such submission, the respondents are directed to release the bank guarantee forthwith.
3.
The Directorate of Medical Education shall ensure that the certificates are retained safely.
4.
On completion of their super speciality course, the students will report to the Directorate of Medical Education for obtaining posting orders in order to complete their bond service. It shall be in writing and the same shall be acknowledged.
5.
The Directorate of Medical Education shall issue posting orders to the students within a period of four months from the date of such reporting.
6.
The Directorate of Medical Education shall issue posting orders to the students commensurate with their educational qualification. 7.
The posting orders shall be on contract basis. The contract shall be valid for the period on the bond, or for the remaining period on the
bond, in case the candidates have already served certain period under the bond.
8.
On completion of the bond service, the Directorate of Medical Education will release the original certificates to the students. 9.
In case, the Directorate of Medical Education does not issue posting orders within a period of four months from the date of reporting, the bond will be deemed to have been discharged and the Directorate of Medical Education shall issue the educational qualification certificates forthwith.
6. Accordingly, this writ petition stands disposed of with the above directions. There shall be no order as to costs. 12-08-2025 kmi Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.Principal Secretary To Government Of Tamil Nadu Health And Family Welfare Department, Secretariat, Chenani 600 009 2.Director Of Medical Education No 162, Evr Periyar Salai Kilpauk Chennai 600 010 3.Director Of Medical And Rural Health Services No 359 Anna Salai Chokkalingam Nagar Chenani 600 006 4.The Dean Coimbatore Medical College And Hospital Coimbatore 641 018
C.KUMARAPPAN J.
kmi 12-08-2025