Dr.V.C.Sangeetha v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2024 CORAM : JUSTICE N.SESHASAYEE and WMP.No.27868 of 2023 Dr.V.C.Sangeetha ... Petitioner Vs 1.The State of Tamil Nadu Represented by the Principal Secretary Health and Family Welfare Department Fort St.George, Chennai.
2.The Directorate of Medical Education Represented by the Director of Medical Education Kilpauk, Chennai - 600 010.
3.The Directorate of Public Health and Preventive Medicine Represented by the Director of Public Health and Preventive Medicine 359, Anna Salai Chennai - 600 006.
4.The Dean Government Chengalpattu Medical College Chengalpattu.
5.The Deputy Director of Health Services Sivaganga.
.... Respondents 1/7
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari calling for the records of the respondent contained in the impugned posting order bearing R.No.3418534/E7/A1/2022-508 dated 31.05.2023 issued by the third respondent and to quash the same.
For Petitioner : Mr.P.Gnana Sekaran For Respondents : Mr.S.Silambanan Additional Advocate General Assisted by Mr.M.Bindran & Mr.T.Arunkumar Additional Government Pleader for R1-R4
ORDER
The petitioner had joined her post graduation course in M.D.(Pharmacology) with the fourth respondent between 2018 and May, 2021. At the time of joining the course, she had executed a bond to serve in a Government Hospital for a period of two years. She was also required to submit all her original certificates, and accordingly, she produced all her educational certificates from Class X to CRRI completion certificate, mark sheets, Medical Council Registration Certificate, etc. She completed her post graduation in May, 2021.
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2. On 31.05.2023, she was served with an order of appointment by the third respondent to serve for a period of six months as Assistant Surgeon under Category II of Class I of Tamil Nadu Medical Service in the Government Primary Health Centre, Sembanoor, Sivagangai Health Unit District, and the said order had directed the petitioner to join the duty within two weeks of receipt of the posting order. Since the said order of appointment was served on the petitioner after the expiry of the two years term, she did not join. In terms of the dictum in State of Tamil Nadu and others Vs P.S.Sairam [2020 7 MLJ 513], this period of two years must be reckoned from the month immediately after the completion of the post graduation course. In other words, the petitioner should have discharged her obligation in terms of the bond that she had executed between June, 2021 and May, 2023.
3. In the meantime, the petitioner had approached this Court with W.P.No.14143 of 2022, for return of her original certificates. And this Court, vide its interim order dated 15.06.2022, had directed the respondents to return the original certificates to the petitioner, and the order of court has been complied with. Now the petitioner has challenged the appointment 3/7
order issued by the third respondent dated 31.05.2023, in the present writ petition.
4. Be that as it may, a show cause notice dated 08.08.2023 was issued by the Deputy Director of Health Services, Sivagangai, invoking the Revenue of Recovery Act to realise such sum which the petitioner has undertaken to pay in lieu of serving the bond period. And the petitioner has filed WMP.No.27868 of 2023 to stay this show cause notice as well.
5. Heard both sides. If doctrine of res ipsa loquitur can apply to the situation before hand, it readily explains that the petitioner cannot be insisted to serve the bond period beyond the term as determined in the dictum in State of Tamil Nadu and others Vs P.S.Sairam [2020 7 MLJ 513]. Necessarily, the order of appointment dated 31.05.2023, is liable to be set aside, and so also anything that flows out of the said order of appointment. Since the petitioner has already received her original educational certificates, no order is now required to be made on that subject separately.
6. In conclusion, this petition is allowed, and the impugned order of appointment/posting dated 31.05.2023 issued by the third respondent is set 4/7
aside. No cost. Insofar as WMP.No.27868 of 2023 is concerned, it stands closed for the reason that the show cause notice itself will become inoperative, since the appointment order has been set aside by this Court in view of the P.S.Sairam dictum.
02.01.2024 Index : Yes / No Speaking order / Non-speaking order ds 5/7
To:
1.The Principal Secretary Health and Family Welfare Department Fort St.George, Chennai.
2.The Directorate of Medical Education Represented by the Director of Medical Education Kilpauk, Chennai - 600 010.
3.The Directorate of Public Health and Preventive Medicine Represented by the Director of Public Health and Preventive Medicine 359, Anna Salai Chennai - 600 006.
4.The Dean Government Chengalpattu Medical College Chengalpattu.
5.The Deputy Director of Health Services Sivaganga.
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N.SESHASAYEE.J., ds 02.01.2024 7/7