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Madras High CourtWP/35207/2022closed

Dr. Harrison Gabriel v. The State Of Tamilnadu

2023-01-12Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Dr. Harrison Gabriel ... Petitioner Vs

1. The State of Tamil Nadu Represented by its Principal Secretary, Health and Family Department, Secretariat, Chennai - 600 009.

2. Directorate of Medical Education, Represented by the Director of Medical Education, Kilpauk, Chennai - 600 010.

3. The Dean, Stanley Government Medical College, Chennai - 600 001. .... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, directing the third respondent to return the original certificates/documents of the petitioner along with their post graduate provisional/Degree certificates. For Petitioner : Mr. M. Guberamoorthy For Respondents : Mr. T. Seenivasan for R1 1/4

O R D E R

The petitioner Dr. Harrison Gabriel had completed his MD in General Medicine at Stanley Government Medical College. Thereafter, there was a compulsion to execute a bond and to undertake to do in Government service in any of the Government hospital as stipulated by the first and second respondents.

2. It is stated that he has not been allotted any such college to do such service. He had executed a bond. Along with a bond, his education certificates have also been handed over to the first and second respondents. The writ petition has been filed seeking return of the such certificates. It is trite to point out that the certificates are a reflection of the educational qualifications of the petitioner. It is only appropriate that he places special emphasis on retaining those certificates.

3. Let the respondents obtain necessary undertaking from the petitioner herein that he would join Government service whenever a seat is allotted and on the basis of such undertaking, handover the certificates back to the petitioner herein. Such exercise of giving 2/4

undertaking and handing over of the certificates should be completed on or before 31.01.2023. It is stated that the certificates are now with the possession of the third respondent.

4. The writ Petition stands disposed of. No costs. 12.01.2023 Index: Yes/no mrn 3/4

C.V.KARTHIKEYAN, J.

(mrn) To

1. The Principal Secretary, The State of Tamil Nadu Health and Family Department, Secretariat, Chennai - 600 009.

2. The Directorate of Medical Education, Represented by the Director of Medical Education, Kilpauk, Chennai - 600 010.

3. The Dean, Stanley Government Medical College, Chennai - 600 001.

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