Shivaani. A v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.05.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI W.P.(MD) No.14105 of 2025 and W.M.P.(MD) No.10229 of 2025 1.Dr.A.Shivaani 2.Dr.Vasudevan 3.Dr.S.Praveen Kumar 4.Dr.Sharuk Ahamed S 5.Dr.Sneha Joseph 6.Dr.Guruvasanth S 7.Dr.Muthu Gowtham S 8.Dr.Dhesigan T 9.Dr.Elcita Rose Anto 10.Dr.Tamilarasan ... Petitioners /Vs./ 1.The State of Tamil Nadu, represented by its Principal Secretary, Health and Family Department, Secretariat, Chennai 600 009.
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2.Directorate of Medical Education, represented by the Deputy Director of Medical Education, Medical Education, Kilpauk, Chennai 600 010.
3.The Dean, Madurai Medical College, Panagal Road, Alwarpuram, Madurai 625 020.
4.The Dean, Government Theni Medical College, Theni 625 512.
5.The Dean, Thanjavur Medical College and Hospital, Thanjavur, Tamil Nadu.
6.The Dean, Tirunelveli Medical College, Tirunelveli Medical College Hospital, High Ground Road, Tirunelveli.
... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 and 2 to direct the 3 to 6 respondent to return the (1) Original 12th Mark Sheet (2) Original UG 4 years Mark Sheets (3) Original UG Degree Certificate (4) Original PG Provisional, (5) Original PG Mark Sheets, (6) Original PG Degree Certificate and all other original documents deposited by 2/7
respective petitioners retained by the 3 to 6 respondent regarding the post graduation courses of the petitioners respectively. For Petitioners : Mr.K.R.Laxman For Respondents : Ms.S.Jeyapriya Government Advocate
ORDER
The petitioners seek issuance of a Writ of Mandamus to direct the respondents 3 to 6 to return the original 12th mark sheet, original UG mark sheets, original UG degree certificate, original PG provisional certificate, original PG mark sheets, original PG degree certificate and all other original documents deposited by the respective petitioners retained by the respondents 3 to 6 regarding the Post Graduation Courses of the petitioners respectively.
2.Mr.K.R.Laxman, learned counsel for the petitioners would invite my attention to the similar order passed by this Court in W.P.No.26793 of 2022, Dr.Aaron Jones Gifty Vs. The principal Secretary to the Government, Health and Family Welfare Department, Chennai and others, dated 10.10.2022, where the writ petition was disposed of with a 3/7
direction to the petitioner therein to execute indemnity bond with an undertaking that two years bond period can be extended for further period of two years after the petitioner completes the super speciality course, for which the petitioner has become qualified and that after he completes the super speciality course in Medicine, the petitioner would again serve the respondent institution or any other institution as directed by the respondents 1 and 2 and on receipt of such undertaking by the petitioner, the fourth respondent in the said writ petition was directed to release the original certificates submitted by the petitioner enabling him to join the super speciality course.
3.Mrs.S.Jeyapriya, learned Government Advocate would submit that similar order can be passed in the present writ petition, as the undertaking would be sufficiently protecting the interest of the respondents.
4.In the light of the above, the Writ Petition is disposed of with a direction to the petitioners to submit individual indemnity bonds with a specific undertaking that the two years bond period is entitled to be 4/7
extended for a further period of two years on the petitioners completing the super speciality course and that the petitioners would serve any institution as may be directed by the respondents 1 and 2. The said indemnity bond shall be executed within a period of one week from the date of receipt of a copy of this order and upon such indemnity bonds being executed by the petitioners, the respondents 3 to 6, as applicable, shall return the original certificates that have been retained by them to the respective petitioners within a period of two working days thereafter. No costs. Consequently, connected Miscellaneous Petition is closed. Index : Yes / No 08.05.2025 NCC : Yes / No mm TO:- 1.Principal Secretary, Health and Family Department, Secretariat, Chennai 600 009.
2.Directorate of Medical Education, represented by the Deputy Director of Medical Education, Medical Education, 5/7
Kilpauk, Chennai 600 010.
3.The Dean, Madurai Medical College, Panagal Road, Alwarpuram, Madurai 625 020.
4.The Dean, Government Theni Medical College, Theni 625 512.
5.The Dean, Thanjavur Medical College and Hospital, Thanjavur, Tamil Nadu.
6.The Dean, Tirunelveli Medical College, Tirunelveli Medical College Hospital, High Ground Road, Tirunelveli.
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P.B. BALAJI , J.
mm Order made in Dated:
08.05.2025 7/7