Kishan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.10651 of 2024 1.Dr.Kishan 2.Dr.Mohammed Nahid 3.Dr.Rachit Arora 4.Dr.Deepank Panchal 5.Dr.M.Bharani Krishna Prasad Chowdary 6.Dr.Venkatesh Sreepathi 7.Dr.Abbigari Harshavardan ... Petitioners Vs.

1.The State represented by The Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai - 9.

2.Directorate of Medical Education, Represented by the Director of Medical Education, Kilpauk, Chennai - 10.

3.Directorate of Medical and Rural Health Services, Represented by the Director of Medical Health and Rural Health Services, Rural Health Services, 1/5

4.Directorate of Public Health and Preventive Medicine, Represented by the Director of Public Health and Preventive Medicine, 5.Government Tirunelveli Medical College, Represented by its Dean, Tirunelveli - 627 011.

6.Government Madurai Medical College, Represented by its Dean, Madurai - 625 020.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to treat the petitioners' one year bond period as completed and to consequently terminate their bond agreement as infructuous and to direct the fifth and sixth respondent colleges to return their original certificates and documents collected during their Super-Specialty admission along with their Super-Speciality degree certificates within a time limit to be stipulated by this Court.

For Petitioners : Mr.M.Vijaya Ragavan For Respondents : Mr.M.Sarangan Additional Government Pleader

ORDER

Heard both sides.

2/5

2.The petitioners 1 to 4 were studied in the fifth respondent College and the petitioners 5 to 7 were studied in the sixth respondent College. There are some disputes regarding the COVID duty rendered by the petitioners herein.

3.I refrain from going into the said aspect. The scope of the writ petition is confined to direct the colleges (respondents 5 and 6) to return the original certificate to the respective students. 4.The writ petition is partly allowed by directing the fifth respondent to return the original certificates to the petitioners 1 to 4 and the sixth respondent to return the original certificates to the petitioners 5 to 7. This shall be done immediately and without any delay. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

12.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 3/5

To 1.The Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai - 9.

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

3.The Director of Medical Health and Rural Health Services, Directorate of Medical and Rural Health Services, Rural Health Services, 4.The Director of Public Health and Preventive Medicine, Directorate of Public Health and Preventive Medicine, 5.The Dean, Government Tirunelveli Medical College, Tirunelveli - 627 011.

6.The Dean, Government Madurai Medical College, Madurai - 625 020.

4/5

G.R.SWAMINATHAN,J.

MGA and W.M.P(MD)No.10651 of 2024 12.06.2024 5/5