Dr.Manju Sara Oommen v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.16838 of 2020 Dr.Manju Sara Oommen

...Petitioner

Vs.

1. State of Tamil Nadu represented by its Secretary, Department of Health & Family Welfare, Secretariat, Fort St. George, Chennai 600 009.

2. Director of Medical Education (DME) Directorate of Medical Education, 156, Poonamallee High Road, Kilpauk, Chennai 600 010.

3. Dean, Madras Medical College, Chennai 600 003.

..Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus directing the 2nd and 3rd respondent authorities to return original mark sheet and post graduation {MD (TB & RD)} degree certificates of the petitioner.

For Petitioner : Mr. R.Arumugam For Respondents: Mr.E.Manoharan, Spl. Govt.Pleader

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the 2nd and 3rd respondents to return back all the original certificates of the petitioner that was submitted by the petitioner at the time of her admission to the MD Course in the year 2014 in the 3rd respondent College.

2. Heard Mr.R.Arumugam, learned counsel for the petitioner and Mr.E.Manoharan, learned Special Govt. Pleader appearing for the respondents.

3. The issue involved in the present Writ Petition is squarely covered by the Division Bench Judgement of this Court in W.A.No.799 of 2019 etc. batch [The State of TamilNadu & another vs. P.S.Sairam & others] dated 6.10.2020. The relevant portion in the judgment is extracted hereunder.

Para 104.

'104. We have, therefore, no option but to set aside the impugned judgment dated 1.10.2018, but with a direction that in the event the period of two years has passed by after the passing out of the candidates without any offer of employment, then, in that event, they are not bound by the terms of the bonds executed by them and are consequently entitled for return of certificates. It is further clarified that this period will have to be sorted out in respect of all the candidates together with the details of the offer of employment made to them. The State Government shall, accordingly, prepare a list of all such candidates within fifteen days from today and notify it with details, including the date of passing out; the status of the offer of employment or otherwise, as well as the date of expiry of two years, in order to avoid any confusion on this count.'

4. In the present case, it is seen from the records that the petitioner has completed the MD Course from the 3rd respondent College on 31.5.2017. The petitioner has not been offered any employment for more than two years by the respondents. Therefore, as held by the Division Bench, the candidates who are not offered any employment for a period of two years after they completed their course, are not bound by the terms of the bond executed by them and consequently, they are entitled for return of certificates. The Division Bench had directed the State Government to prepare a list of such candidates within 15 days and notify the same. It is also seen from the records that the Directorate of Medical Education has directed the Deans of the various Medical Colleges to return the original certificates of those candidates who fall under this category.

5. The grievance of the petitioner is that she also falls under the category and inspite of the same, the 3rd respondent has not released the original certificates.

6. This Writ Petition is disposed of with the direction to the 3rd respondent to consider the representation made by the petitioner on 18.03.2020 and after proper verification, shall return the original certificates to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

7.This Writ Petition is disposed of with the above directions. No costs. Consequently, the connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar msr To

1. State of Tamil Nadu represented by its Secretary, Department of Health & Family Welfare, Secreteriat, Fort St. George, Chennai 600 009.

2. Director, Directorate of Medical Education, 156, Poonamallee High Road, Kilpauk, Chennai 600 010.

3. Dean, Madras Medical College, Chennai 600 003.

+1cc to Mr.R.Arumugam, Advocate, S.R.No.37995 W.P.No.16838 of 2020 JP(CO) KKV/08/12/2020