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Madras High CourtWP(MD)/9821/2022allowed

Sam Nelson.S v. The State Of Tamil Nadu

2022-05-19Honourable Mr Justice Abdul Quddhose6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.05.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD) No.7040 of 2022 1.Dr.S.Sam Nelson 2.Dr.D.Kapilamunisvaran 3.Dr.M.Praveen 4.Dr.S.Srenivasa Ramanan 5.Dr.R.Abiramavalli 6.Dr.Duna Sheba Soundarya M J 7.Dr.Palthya Gopinaik 8.Dr.S.Aparna 9.Dr.S.Nandhini 10.Dr.V.Udhayachandhar 11.Dr.A.Jerub Alex Silas 12.Dr.V.Selvendran 13.Dr.D.Anishaa 14.Dr.P.Nandhini 15.Dr.B.Kasiarasi 16.Dr.V.Caroline 17.Dr.S.Yogeswari 18.Dr.S.S.Chakravarthi 19.Dr.R.Ramnivas 20.Dr.E.Gowtham 21.Dr.S.Theoder Robinson 22.Dr.KSK Narendiran 23.Dr.C.Gorbachev 24.Dr.D.Archana 25.Dr.G.Aswath Ragavendar 26.Dr.M.Poornachandran 27.Dr.M.Akshara 28.Dr.N.Gayathri 29.Dr.A.Velmurugan 30.Dr.K.Pandeeshwaran 31.Dr.R.Aswini 32.Dr.D.S.Aarthi 33.Dr.Vikram V.Huddar 34.Dr.N.Gokul Ram 35.Dr.T.Naveen Kumar 36.Dr.M.V.Aishwarya Lakshmi 37.Dr.S.Arulmozhivarman 38.Dr.J.K.Ajithraa 39.Dr.R.Meera 40.Dr.C.Prasanna Venkatesh 1/6

41.Dr.Ramesh B 42.Dr.Nishat 43.Dr.Ram Naik Malavathu 44.Dr.B.Dinesh Raj 45.Dr.C.Ahammed Sadik 46.Dr.Silambarasan.P 47.Dr.Bhukya Mahesh 48.Dr.Bhukya Nagendra Naik 49.Dr.S.Mohan Raj ... Petitioners vs.

1.The State of Tamil Nadu, Rep.by its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai.

2.The Director of Medical Education, The Directorate of Medical Education, Kilpauk, Chennai-10.

3.The Deputy Director of Medical Education, The Directorate of Medical Education, Kilpauk, Chennai-10.

4.The National Medical Council, rep.by its Secretary, Pocket 14 Sector-8 Dwarka Phase I, New Delhi-110 077.

5.The Dean, Government Thoothukudi Medical College, Thoothukudi, Thoothukudi District.

6.The Dean, Madurai Medical College, Madurai.

7.The Dean, Tirunelveli Medical College.

Tirunelveli District.

8.The Dean, Madras Medical College, 9.The Dean, Stanley Medical College, 2/6

10.The Dean, Government Mohan, Kumaramangalam Medical College, Salem District.

11.The Dean, Kilpauk Medical College, 12.The Dean, Kanyakumari Government Medical College, Kanyakumari District.

13.The Dean, Coimbatore Medical College, Coimbatore.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to release/return the original certificates retained by the respondents during admission to Post Graduate course and the original Masters Degree certificates along with the Provisional certificates to the petitioners in light of the order made in respect of similarly placed persons in W.P.No.28526 of 2021 dated 19.01.2022 as modified in W.A.No.1182 of 2022 dated 27.04.2022 on the file of Principal Seat of this Court within the period stipulated by this Court. For Petitioners :

Mr.Ajmal Khan, Senior Counsel for M/s.Ajmal Associates For Respondents :

Mr.A.Kannan Additional Government Pleader

O R D E R

The petitioners have filed this writ petition seeking for a direction to the respondents to release / return the original certificates retained by them during admission of the petitioners to Post Graduate course and the original Master Degree certificates along with the provisional certificates to the petitioners, in the light of the order dated 19.01.2022 in W.P.No.28526 of 2021 as modified by Judgment dated 27.04.2022 in W.A.No.1182 of 2022, within a time stipulated by this Court.

2. The petitioners earlier executed bonds to the effect that after completion of Post Graduate course, they would serve under the Government for a period of two years. Though the petitioners have completed Post Graduate course, the respondents have not provided them any placement on account of there being no vacancy. Since the respondents are unable to provide any placement, 3/6

the petitioners have now sought for return of original certificates, which were submitted by them earlier to the respective Deans of the Government Medical Colleges.

3. In a similar matter involving classmates of the petitioners herein, a learned Single Judge of this Court, on 13.05.2022 in W.P.No.12541 of 2022, by following the Judgment of the Honourable Division Bench, dated 27.04.2022 in W.A.No.1182 of 2022, has passed the following orders:

"a) It is well settled that an Educational certificate is not a marketable commodity, therefore, there cannot be exercise of any lien in terms of Section 171 of the Indian Contract Act, 1872. It has been held in catena of cases that management cannot retain the certificates of the students.

b) The appellants in W.A.No.1182 of 2022 were identical placed. They were classmates of the writ petitioners herein. Therefore, a different yard stick cannot be adopted in the present case. That shall be a gross violation. A Statutory Authority will have to treat similarly placed persons in the same manner. Failure to do so would be an infraction of Article 14 of the Constitution of India."

4. Since the petitioners herein are also similarly placed persons and in view of the fact that the respondents are unable to provide any placement to the petitioners on account of there being no vacancy, the relief granted to the petitioners in W.P.No.12541 of 2022 has to be granted to the petitioners herein also.

5. Accordingly, the writ petition is allowed. The respective Deans of Government Medical Colleges are directed to return the original certificates to the petitioners herein within a period of fifteen days from date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) krk To:

1.The Principal Secretary to Government, Health and Family Welfare Department, State of Tamil Nadu, Secretariat, Chennai.

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2.The Director of Medical Education, The Directorate of Medical Education, Kilpauk, Chennai-10.

3.The Deputy Director of Medical Education, The Directorate of Medical Education, Kilpauk, Chennai-10.

4.The Secretary, National Medical Council, Pocket 14 Sector-8 Dwarka Phase I, New Delhi-110 077.

5.The Dean, Government Thoothukudi Medical College, Thoothukudi, Thoothukudi District.

6.The Dean, Madurai Medical College, Madurai.

7.The Dean, Tirunelveli Medical College, Tirunelveli District.

8.The Dean, Madras Medical College, 9.The Dean, Stanley Medical College, 10.The Dean, Government Mohan Kumaramangalam Medical College, Salem District.

11.The Dean, Kilpauk Medical College, 12.The Dean, Kanyakumari Government Medical College, Kanyakumari District.

13.The Dean, Coimbatore Medical College, Coimbatore.

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+10 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-23994[F] dated 23/05/2022 ) +1 CC to M/s.SPL.GP ( SR-24039[F] dated 23/05/2022 ) and W.M.P.(MD) No.7040 of 2022 19.05.2022 RD(10/06/2022) 6P 25C 6/6