Dr. Manivel.G v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.11.2022 CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Writ Petition No.29802 of 2022 Dr.Manivel.G ....
Petitioner -Vs1.The State of Tamil Nadu Represented by its Principal Secretary Health and Family Welfare Department Secretariat Chennai 600 009.
2.Directorate of Medical Education Represented by the Deputy Director of Medical Education Kilpauk, Chennai 600 010 3.The Dean, Tirunelveli Medical College and Hospital Tirunelveli Tirunelveli District ....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to return the original certificates of the petitioner retained by the 3rd respondent regarding the post Graduation Course.
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For Petitioner : Mr.K.R.Laxman For Respondents : Mr.U.M.Ravichandran Spl. Govt. Pleader
O R D E R
The prayer sought for herein is for a direction, directing the 3rd respondent to return the original certificates collected from the petitioner at the time of admission and to issue petitioner's PG certificate.
2. The petitioner joined in the P.G.Course at the third respondent College and completed the same in May 2022. At the time of joining the college the petitioner executed a bond under which the petitioner has to serve the institution for a period of two years after completing the P.G.Degree. Accordingly, after completing the PG degree, the petitioner though was willing to serve for two years, except COVID-19 duty no other duty was allotted to the petitioner.
3. While that being so, the petitioner had applied for Super Specialty Course through NEET and he was qualified to get the said Super Specialty course this year and in order to join the said course, when the petitioner 2 / 6
approached the third respondent to get the original degree certificates, which he had produced at the time of joining the P.G.degree at the third respondent college, by citing the reason that two years service of the petitioner was required at the third respondent college as per the bond condition, the certificates are denied. Therefore, the petitioner is before this Court.
4. Heard the learned counsel for the petitioner and Mr.U.M.Ravichandran, the learned Special Government Pleader appearing for the respondents.
5. Though the petitioner has completed the PG Degree course only in 2022 and two years bond period is yet to be completed, the petitioner wants to give an undertaking to the third respondent institution that, after he joins and completes the Super Specialty Course, he is ready and willing to work with or serve the third respondent or any other institution at the instance of the third respondent.
6. In view of the aforesaid stand taken by the petitioner through the 3 / 6
learned counsel for the petitioner, this Court is inclined to dispose of this writ petition with the following order;
(i)That the petitioner shall execute an indemnity bond with an undertaking that the two years bond period can be extended for further period of two years after the petitioner completes the Super Specialty Course for which he has been qualified now and after he completes the Super Specialty Course in Medicine, he would again serve the third respondent institution or any other institution at the instance of the third respondent institution for a period of two years.
(ii) On receipt of such undertaking to be executed by the petitioner, the third respondent institution shall release the original certificates held by them which were submitted by the petitioner along with the provisional certificate of the P.G.Degree course, enabling the petitioner to join in the Super Specialty Course.
7. With the aforesaid directions, this writ petition is disposed of. No 4 / 6
costs.
14.11.2022 (2/6) kas To 1.The State of Tamil Nadu Represented by its Principal Secretary Health and Family Welfare Department Secretariat, Chennai 600 009.
2.Directorate of Medical Education Represented by the Deputy Director of Medical Education Kilpauk, Chennai 600 010 3.The Dean Tirunelveli Medical College Tirunelveli 5 / 6
N.SATHISH KUMAR, J.
kas W.P.No. 29802 of 2022 10.11.2022 (2/6) 6 / 6