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Madras High CourtWP/24863/2021allowed

Dr.Anil Thomas M.D. (General Medicine) v. State Of Tamil Nadu

2021-11-22Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.24863 of 2021 Dr.Anil Thomas M.D.(General Medicine)

...Petitioner

Vs.

1. State of Tamil Nadu Rep by its Principal Secretary, Department of Health and Family Welfare, Secretariat, Fort St. George, Chenani 600 009.

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

3. Dean Madurai Medical College, Madurai 600 020.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd and 3rd Respondent Authorities to return all original certificates of the petitioner that were submitted by him at the time of his admission to MD (General Medicine) course during the year 2015 at the 3rd Respondent college along with his Post Graduation Certificates.

For Petitioner : Mr.R.Arumugam For Respondents: Mr.U.Baranidharan for R1 Additional Government Pleader No Appearance for R2 and R3

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents 2 and 3 to return all the original Certificates of the petitioner that

were submitted by him at the time of his admission to MD (General Medicine) Course during the year 2015 at the third respondent College along with his Post Graduation Certificates. 2.The case of the petitioner is that the petitioner appeared for All India Post Graduate Medical Entrance Examination, 2015 (AIPGMEE 2015 in short) for admission to MD/MS/PG Diploma Courses conducted by National Board of Examinations during December, 2014 based on the advertisement for AIPGMEE 2015 and became successful and also participated in the counselling process and taken admission in MD (General Medicine) Course at the third respondent College in Tamil Nadu against the seats to be filled for All India quota and hence, he is governed by the conditions laid down in the prospectus for AIPGMEE 2015 alone. 3.

The further case of the petitioner is that the petitioner submitted all the documents in original at the time of taking admission at the third respondent College. The petitioner successfully completed his Post Graduate Degree Course as early as on 30.05.2018, but the respondent Authorities neither offered employment nor returned his original Certificates. The petitioner made repeated representations to the respondents seeking release of his original Certificates, however, the third respondent issued a letter of communication dated 20.10.2021 to the second respondent with copy marked to the petitioner stating that the petitioner was issued with a posting order for Covid duties but the petitioner did not join for duties. According to the petitioner, he has not received any such posting orders.

Now the petitioner is employed as a Teaching faculty in a Private Medical College in Kerala and the petitioner has been directed to produce his original Certificates prior to the ensuing NMC inspection. Hence, the petitioner has filed this writ petition.

4.The learned counsel appearing for the petitioner would submit that this Court may direct respondents 2 and 3 to return all the original Certificates of the petitioner that were submitted by him at the time of his admission to MD (General Medicine) Course during the year 2015 at the third respondent College along with his Post Graduation Certificates. 5.The learned Additional Government Pleader would submit that the Government has issued G.O.(Ms).No.277, Health and Family Welfare (MCA-1) Department dated 09.06.2021 directing the Deans of the Government Medical Colleges under the control of the Directorate of Medical Education, Chennai, to return the original Certificates of the non service Post Graduate candidates who have completed their Post Graduate Court during the years 2017 and 2018 and who have not been posted within two years after completion of their Courses.

6.In view of the above, this Court directs respondents 2 and 3 to return all the original Certificates of the petitioner that were submitted by him at the time of his admission to MD (General Medicine) Course during the year 2015 at the third respondent College along with his Post Graduation Certificates, to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

7.The writ petition is accordingly allowed. No costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar pri To

1. The Principal Secretary, Department of Health and Family Welfare, Secretariat, Fort St. George, Chenani 600 009.

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

3. The Dean Madurai Medical College, Madurai 600 020.

+1cc to Mr.R.Arumugam, Advocate, S.R.No.60215 +1cc to the Government Pleader, S.R.No.60658 W.P.No.24863 of 2021 GPL(CO) RGA(02/12/2021)(10/12/2021)