Dr. Noorul Hidaya v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and connected Miscellaneous Petitions Dr.Noorul Hidaya ..Petitioner in WP 22423 of 2017 Dr.R.Raghupathi ..Petitioner in WP 22424 of 2017 Dr.R.Nivedha ..Petitioner in WP 25859 of 2017 Dr.R.Vetri Nallathambi ..Petitioner in WP 5497 of 2016 Vs.
1.The Principal Secretary to Government, Health & Family Welfare Department, Fort St. George, Chennai 600 009.
2. The Director, Directorate of Medical Education, 162, EVR Periyar Salai, Kilpauk, Chennai 600 010.
3. The Dean
4. The Medical Council of India 1/8
5. The Tamil Nadu Medical Council, 914, Poonamalle High Road, Arumbakkam, Chennai R4 & R5 Suo-motu Impleaded as per order dated 23.8.17 by NKKJ in WP Nos.22423 & 22424/17
6. Tamil Nadu Dr.MGR Medical University Rep. By its Registrar, Guindy, Chennai 600 032. .. Respondents in WP Nos. 22423, 22424 & 25859 of 2017 R6 Suo-motu Impleaded as per order dated 06.10.2017 by NKKJ in WP Nos.22423, 22424 & 25859 of 2017
3. The Dean .. 3rd respondent in WP No.22424/17
3. The Dean Tirunelveli Medical College & Hospital Tirunelveli 627 011.
.. 3rd respondent in WP No.25859/17
1. The Dean Madurai Medical College Madurai.
2. The Director of Medical Education, 162, EVR Periyar Salai, Kilpauk, Chennai 600 010.
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3. The Secretary to Government, Health & Family Welfare Department, Fort St. George, Chennai 600 009.
4. The Union of India, Rep. By its Secretary, Ministry of Health and Family Welfare, ... Respondents in WP 5497/16 R4 Suo motu impleaded as per order dated 08.12.2017 by NKKJ in WP Nos.22423, 22424, 25859/2017 & 5497/16 Prayer: Writ Petitions filed under Article 226 of the Constitution of India seeking issuance of in WP Nos.22423, 22424, 25859/2017: Writ of Certiorarified Mandamus, calling for the records relating to the impugned G.O.Ms.No.92 dated 29.02.
2016 Health & Family Welfare Department the first respondent and quash the same insofar as the same enabling the second the third respondents' authorities to retain the original certificates of the petitioner and other PG students till they complete the bond condition of rendering two years of Government service as per the bond obtained from the petitioner while granting admission into Post Graduate Medical Course and consequently direct the respondents' authorities to return the original certificates of the petitioner viz.
certificate within a time to be stipulated by this Court. In WP No.5497 of 2016: Writ of Certiorarified Mandamus by calling for the records relating to the proceedings of the first respondent dated 01.02.2016 made in Na.Ka.No.09079/Maka.5/2015, quash the same and direct the respondents 1 & 2 to refund the sum of Rs.10 lakhs paid by the petitioner on 24.12.13 for the purpose of getting back all his original certificates. For Petitioners in WP Nos.22423, and 22424, 25859/2017 : Mr.S.Thankasivan For Petitioner in WP 5497/16 : Mr.K.Rajasekaran For Respondents : Ms.V.Yamunadevi, (in all the petitions) Spl. Govt. Pleader, for RR1 to 3 Ms.Shubharanjani Ananth, for R4 Mr.G.Sankaran, for R5 Mr.P.Ilayarajkumar for M/s. Ramalingam & Associates, for R6 No appearance - R4 (in WP 5497/16) C O M M O N O R D E R The issue involved in these Writ Petitions is actually covered by the decision of the Division Bench of this Court in State of Tamil Nadu v. P.S.Sairam and others, reported in 2020 SCConline Mad 2742, wherein 4/8
the Division Bench has held as follows:
"107. 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."
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2. In view of the above, these Writ Petitions are also disposed of in terms of the judgment of the Division Bench. No costs. Consequently, the connected miscellaneous petitions are closed. 13.07.2022 jv Index:Yes/No Internet:Yes/No Speaking/Non-speaking order To:- 1.The Principal Secretary to Government, Health & Family Welfare Department, Fort St. George, Chennai 600 009.
2. The Director, Directorate of Medical Education, 162, EVR Periyar Salai, Kilpauk, Chennai 600 010.
3. The Dean
4. The Medical Council of India 6/8
5. The Tamil Nadu Medical Council, 914, Poonamalle High Road, Arumbakkam, Chennai
6. The Registrar Tamil Nadu Dr.MGR Medical University Guindy, Chennai 600 032.
7. The Secretary, Union of India, Ministry of Health and Family Welfare,
8. The Dean
9. The Dean Tirunelveli Medical College & Hospital Tirunelveli 627 011.
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R.SUBRAMANIAN, J.
jv and connected Miscellaneous Petitions 13.07.2022 8/8