Dr.Sadiqa Nasreen H v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2024 CORAM : JUSTICE N.SESHASAYEE and WMP.Nos.23090 & 23091 of 2023 Dr.Sadiqa Nasreen H ... Petitioner Vs 1.The State of Tamil Nadu Represented by its Principal Secretary Health and Family Welfare Department Secretariat, Chennai - 600 009.
2.The Directorate of Medical Education Represented by the Director of Medical Education Kilpauk, Chennai - 600 010.
3.The Directorate of Medical and Rural Health Services Represented by the Director of Medical Health and Rural Health Services 359, Anna Salai, Chennai - 600 006.
4.The Directorate of Public Health and Preventive Medicine Represented by the Director of Public Health and Preventive Medicine 359, Anna Salai, Chennai - 600 006.
5.The Joint Director of Health Services Mayiladuthurai.
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6.The National Medical Commission Represented by its Secretary Pocket 14, Sector-8, Dwarka Phase I New Delhi - 110 077.
.... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari calling for the records of fifth respondent contained in the notice bearing Na.Ka.No.647/Ni/2023, dated 17.07.2023, and to quash the same as arbitrary, unjust and illegal. For Petitioner : Mr.Suhrith Parthasarathy For Respondents : Mr.J.Ravindran, Additional Advocate General Assisted by Mr.M.Bindran Additional Government Pleader [R1 to R5] Ms.Shubharanjani Ananth for R6
ORDER
This petition is filed challenging the notice issued under the Revenue Recovery Act for breaching the conditions of the bond, which was executed by the petitioner at the time when she joined the PG course in Medicine.
2. The facts are :
a) The petitioner joined the post graduation course in General 2/7
Medicine in May 2019, and completed her course in May 2022. In terms of the bond, she is required to serve in the Government Hospital for a period of two years. This two year period will expire by May 2024. However, during the pendency of this writ petition, the Government came out with G.O.(Ms) No.49 [Health and Family Welfare (MCA-1) Department dated 28.02.2024, by which it reduced the total bond period from two years to one year. This implies that the bond period would expire by May 2023. b) Be that as it may, the petitioner was served with an order of appointment dated 16.02.2023 to serve at the Government Hospital, Poraiyar at Mayiladuthrurai for a period of one year and six months as a Assistant Surgeon. Since the appointment order is not commensurate with the qualification of the petitioner, the petitioner did not join the duty.
c) It is in this circumstances, the fifth respondent issued a notice dated 17.07.2023, under the Revenue Recovery Act to realize the sum stated in the bond, which is realizable by the Government, in the event of petitioner breaching the undertaking given to serve the Government as per bond.
This is now under challenge.
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3. Heard Mr.Suhrith Parthasarathy, learned counsel for the petitioner, Mr.J.Ravindran, Additional Advocate General, assisted by Mr.M.Bindran, the learned Additional Government Pleaders for respondents 1 to 5, and Ms.Shubaranjani Ananth, learned counsel for the 6th respondent.
4. The learned counsel for the petitioner circulated a copy of the order of the learned Single Judge of this Court dated 20.12.2023 in W.P.No.35626 of 2023, in which a batch of post-graduate students including the present petitioner had sought a direction to treat the period during which they served in COVID to get adjusted against the bond period, and this petition came to be allowed.
5. This Court has taken note of the fact that the present petitioner ( who is the 11th petitioner in W.P.No.35626 of 2023) has served two years and 37 days in COVID duty, and it proceeded to direct that the said period be adjusted against the bond period. Now inasmuch as the petitioner had served in excess of two year period required to be served under the bond, it is axiomatic that the petitioner has discharged the obligation imposed on her by the bond. The learned counsel submitted that in view of this order, the 4/7
petitioner's certificates too have been handed over to her. What remains to be done is to drive the last nail in the coffin. Nothing can survive vis-a-vis the impugned notice and it shall now go.
6. In conclusion, this petition is allowed, and the impugned proceedings of the fifth respondent dated 17.07.2023, is hereby quashed. No costs. Consequently, connected miscellaneous petitions are closed. 12.03.2024 Index : Yes / No Speaking order / Non-speaking order ds 5/7
To:
1.The Principal Secretary State of Tamil Nadu Health and Family Welfare Department Secretariat, Chennai - 600 009.
2.The Director of Medical Education The Directorate of Medical Education Kilpauk, Chennai - 600 010.
3.The Director of Medical Health and Rural Health Services Directorate of Medical and Rural Health Services 359, Anna Salai, Chennai - 600 006.
4.The Director of Public Health and Preventive Medicine Directorate of Public Health and Preventive Medicine 359, Anna Salai, Chennai - 600 006.
5.The Joint Director of Health Services Mayiladuthurai.
6.The Secretary National Medical Commission Pocket 14, Sector-8, Dwarka Phase I New Delhi - 110 077.
.... Respondents 6/7
N.SESHASAYEE.J., ds 12.03.2024 7/7