Dr.Navin Nayan v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.18176 of 2025 and W.M.P.No.20358 of 2025 1.Dr.Navin Nayan 2.Dr. Ranjeet Ram Jat 3.Dr. Ruhi Kumar 4.Dr. Onkar Singh Matharu 5.Dr. Rajesh B S 6.Dr. Saifi Rana 7.Dr. Harrini Devi 8.Dr. Surabhi 9.Dr. Mohanraj P 10.Dr. Rinesh Kochummen 11.Dr. Agera Stefan Valerian 12.Dr. Kondle Venkatesh 13.Dr. Biju Azariah 14.Dr. Sreenath G Nair 15.Dr. Sathish Kumar M 16.Dr. Haritha 17.Dr. Deepak Rajendran 18.Dr. Ashok Kumar B 19.Dr. Manish Kumar Sharma

20.Dr. V V Rohit Bhaskarla 21.Dr. Aubin Mathew Varghese 22.Dr. Tino Baby 23.Dr. Kanithi S.S.S Surya Prakash 24.Dr. Srilekha D 25.Dr. Anoop C 26.Dr. Srinivasa Rao Reddy 27.Dr. Dhivya E 28.Dr. V G Vikraman 29.Dr. V. Radha Krishna 30.Mohamed Aaseem Arshad V S, 31.Dr. Pinakin Thakorbhai Tandel 32.Dr. Hazi Zawar Sadiq Abbas, 33.Dr. Priyanka Raju 34.Dr. Hrishikesh S Pai, 35.Dr. Soumyakanti Das 36.Dr. Suyash Singodiya 37.Dr. Jagadish Kumar Chappa 38.Dr. Shaoni Parai 39.Dr. Naweed Alam, 40.Dr. Indhuja Karunakaran 41.Dr. Atul J G 42.Dr. Ronak Jain G 43.Dr. Srinidhi 44.Dr. M Vinoth 45.Aravindan S P 46.Dr. Jishnu J 47.Dr. Roopashree K R 48.Dr. Susanta Kumar Dash 49.Dr. Raja S 50.Dr. Aravind Vishweshwar

51.Dr. Bhuvana Lakshmi 52.Harish Chandika 53.Dr. Kirthiga Thiagarajan 54.Dr. Sachin James 55.Dr. Jaison James 56.Dr. Harsh Saxena 57.Dr. V.S. Veerappan 58.Dr. Arunrajkumar P 59.Dr. Soorya Sekar 60.Dr. Sheik Khurshid Alam Ali 61.Dr. Nischal Modak 62.Dr. Ravi Vimalnath 63.Dr. Balaji Prathep S 64.V.N. Vignesh Shantham, 65.Dr. Vinodh Kumar K S 66.Dr. Karthikai Selvi D 67.Dr. Senthilnathan 68.Dr. Harish M 69.Dr. Vaisagh Remin 70.Dr. Vandana K V 71.Dr. K.Vignesh 72.Dr. Nitin Ramesh 73.Dr. Nilesh Charawande 74.Dr. Patel Jimmykumar Mukeshkumar 75.Dr. Sanjeeva Raju Kunche 76.Dr. Gopikrishnan 77.Dr. Sindhu B R 78.Dr. Abhilash B 79.N. Jeyachandran 80.Amrita Manjusha

81.Bharath Kumar Reddy 82.Dr. R.S. Manikandan 83.Dr. Aditya Sivaram S 84.Dr. Srinathh Sarma S V 85.Dr. P. Nivethaa .....

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 Deputy Director of Medical Education, Kilpauk, Chennai 600 010.

3. The Director of Medical and Rural Health Services, Anna Salai, Chennai-600006

4. The Directorate of Public Health and Preventive Medicine Anna Salai, Teynampet, Chennai 600086

5. Madras Medical College, Represented by its Dean, E.V.R. Salai, Chennai 600 003.

6. Government Kilpauk Medical College, Represented by its Dean,

Poonamalee High Road, Kilpauk, Chennai 600 010.

7. Government Chengalpattu Medical College, Represented by its Dean, G.S.T. Road, Chengalpattu District, Kancheepuram 603 001.

8. Kanyakumari Government Medical College, Represented by its Dean, Asaripallam, Nagercoil, Kanayakumari District, Tamil Nadu 629 201.

9. Thanjavur Medical College, Represented by its Dean, Thanjavur 613 004.

10. Stanley Medical College Represented by its Dean, No.1 Old Jail Road, Chennai 600 001.

11. Government Mohan Kumaramangalam Medical College Hospital Represented by its Dean, Fort Main Road, Salem 636 002.

12. Coimbatore Government Medical College, Represented by its Dean,

Coimbatore 641 018.

13. Tirunelveli Medical College, Represented by its Dean, High Ground Road, Palayamkottai, Tirunelveli 627 011.

14. Madurai Medical College, Represented by its Dean, Panagal Road, Alwarpuram, Madurai 625 050.

15. Thoothukudi Government Medical College and Hospital, Represented by its Dean, Kamaraj Nagar, Thoothukudi, Tamil Nadu 628 008.

.....

Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to confer the benefit of G.O.Ms.No.49 Health and Family Welfare (MCA-1) Department dated 28.02.2024 to the petitioners herein who are Non Service Post Graduates (Super Specialty) who completed their course in the year 2025 and reduce the compulsory bond service of the petitioners from two years to one year and reduce the bond amount from Rs.50,00,000/- to Rs.25,00,000/-.

For Petitioner : Mr.C.Vidhusan For Respondents : Mr.K.Tippu Sulthan

Government Advocate

ORDER

This Writ Petition has been filed seeking a direction to the respondents to confer the benefit of G.O.Ms.No.49, Health and Family Welfare (MCA-1) Department, dated 28.02.2024, to the petitioners herein, who are Non-service Post Graduates (Super Specialty), who have completed their course in the year 2025, and consequently to reduce the compulsory bond service from two years to one year and the bond amount from Rs.50,00,000/- to Rs.25,00,000/-.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioners had joined the Post Graduate Super th to 15 th respondent Colleges during the Specialty Degree Course in the 5 year 2022 and completed the said course in the year 2025. In the meanwhile, the first respondent issued G.O.Ms.No.351, Health and Family Welfare (MCA-1) Department, dated 27.10.2023, thereby ordered

as follows :

"6. The Government, hereby issues the following orders regarding the implementation of the bond requirement for Non Service Post Graduates to Post Graduate Degree/Diploma Courses in Tamil Nadu Government Medical Colleges after carefully reviewing the request of the Director of Medical Education and Research and the suggestions made by the committee members :- i. The bond period for Non Service Post Graduates (Degree/Diploma) who have completed their Post Graduate courses in the year 2023 will be reduced from tow years to one year (from the date of joining in the bond service) and the respective prospectus for the Post Graduate Degree course for the academic year 20202021 as well as for the Diploma course for the academic year 2021-2022 will be amended accordingly.

ii. The bond amount for the Non Service Post Graduates who have completed their Post Graduate

Degree curses in 2023 will be Rs.20,00,000/- only (Twnety lakhs) instead of Rs.40,00,000/- (Forty lakhs) and for the Non Service Post Graduates who have completed their Post Graduate Diploma courses in 2023 will be Rs.10,00,000/- only (Ten lakhs) instead of Rs.20,00,000/- (Twenty lakhs) iii. Depending on the need and availability of vacancies in the future, the Health Department henceforth will review and consider the enforcement of 2 years bond condition every year and issue necessary directions for utilizing the services of the Non-service Post Graduates in Tamil Nadu Medical Services and issue appropriate orders."

4. Thereafter, the first respondent issued G.O.Ms.No.49, Health and Family Welfare (MCA-1) Department, dated 28.02.2024, wherein the following orders were passed :- "4. The Government after careful examination have proposed to accept the request of the Director of Medical

Education and Research and decided to issue the following orders :- i. The bond amount for Non Service Post Graduates (PG Dental) who have completed their Post Graduate Course in the year 2023 onwards will be Rs.20,00,000/- (Rupees Twenty Lakh only) instead of Rs.40,00,000/- (Rupees Forty lakhs).

ii. The bond amount for Non Service Post Graduates (Super Specialty) who have completed their Post Graduate Course in the year 2023 onwards will be Rs.25,00,000/- (Rupees Twenty Five Lakh only) instead of Rs.50,00,000/- (Rupees Fifty Lakh) iii. The bond period for Non Service Post Graduates (Dental/Super Specialty) who have completed their Post Graduate Courses in the year 2023 onwards will be reduced from two years to one year.

iv. The Prospectus of PG Dental and G.O.(Ms) No.462, Health and Family Welfare Department, dated 07.11.2020 for Super Specialty Course issued for the academic year 2020-2021 will be amended accordingly. v. The Services of the Non Service Post Graduates

(Dental/Super Specialty) Courses will be utilized on Need Basis and as per vacancy anywhere in Tamil Nadu."

5. Subsequently, by way of amendment, the first respondent issued another order in G.O.Ms.No.121, Health and Family Welfare (MCA-1) Department, dated 31.05.2024, wherein the following amendments were made :- "For the existing para 4(iii), the following shall be substituted :- "The bond period for Non Service Post Graduates (Dental/Super Specialty) who have completed their Post Graduate Courses in the year 2023 will be reduced from two years to one year".

6. Thus, it is clear that only those candidates who had completed their Post Graduate during the academic year 2023 under the Tamil Nadu Government Medical Colleges are entitled to the benefit of reduction of the bond period from two years to one year and bond amount from Rs.50,00,000/- to Rs.25,00,000/-. Admittedly, all the petitioners have completed their Post Graduate (Super Specialty) Degree as Non

Service candidates in the year 2025.

7. In view of the above, the petitioners are not entitled to the benefits conferred under G.O.Ms.No.49, Health and Family Welfare (MCA-1) Department, dated 28.02.2024. Hence, this writ petition is devoid of merits and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 15.09.2025 Internet : Yes Index : Yes/No Lpp To 1.The Principal Secretary, State of Tamil Nadu Health and Family Department, Secretariat, Chennai 600 009.

2. The Deputy Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai 600 010.

3. The Director of Medical and Rural Health Services, Anna Salai, Chennai-600006

4. The Directorate of Public Health and Preventive Medicine Anna Salai, Teynampet, Chennai 600086

5. The Dean, Madras Medical College, E.V.R. Salai, Chennai 600 003.

6. The Dean, Government Kilpauk Medical College, Poonamalee High Road, Kilpauk, Chennai 600 010.

7. The Dean, Government Chengalpattu Medical College, G.S.T. Road, Chengalpattu District, Kancheepuram 603 001.

8. The Dean, Kanyakumari Government Medical College, Asaripallam, Nagercoil, Kanayakumari District, Tamil Nadu 629 201.

9. The Dean, Thanjavur Medical College, Thanjavur 613 004.

10. The Dean, Stanley Medical College No.1 Old Jail Road, Chennai 600 001.

11. The Dean, Government Mohan Kumaramangalam Medical College Hospital Fort Main Road, Salem 636 002.

12. The Dean, Coimbatore Government Medical College, Coimbatore 641 018.

13. The Dean, Tirunelveli Medical College, High Ground Road, Palayamkottai, Tirunelveli 627 011.

14. The Dean, Madurai Medical College, Panagal Road, Alwarpuram, Madurai 625 050.

15. The Dean, Thoothukudi Government Medical College and Hospital, Kamaraj Nagar, Thoothukudi,

Tamil Nadu 628 008.

G.K.ILANTHIRAIYAN, J.

Lpp

15.09.2025