JUDGMENT :

(Prayer: Writ Petitions filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, Calling for records of the 2nd respondent’s impugned Letter bearing No. 54326/ME2/1/2021 dated 20.07.2021 and quash the same as illegal and further direct the 4th respondent authority to return all original certificates of the Petitioner that were submitted by her at the time of her admission to MD(Microbiology) course during the year 2016 at the 4th Respondent college along with her original Post Graduation Certificates.)

1. This writ petition has been filed challenging the impugned letter dated 20.07.2021, issued by the 2nd respondent and for a consequential direction to the 4th respondent to return back all the original certificates of the petitioner that were submitted by her at the time of her admission in the Post Graduation Course [P.G.course] in the year 2016.

2. The case of the petitioner is that she completed her MBBS decree in the year 2009 and was registered before the Tamil Nadu Medical Council on 11.05.2009. She appeared in the entrance examination for the P.G.course in the year 2016 and she successfully got admission in M.D.(Microbiology) course in the 4th respondent college.

3. While the petitioner joined the P.G. course, she submitted all the original certificates. The 4th respondent also obtained a bond from the petitioner at the time of admission to the P.G. course which stipulates that on completion of the course, the petitioner is liable to serve the Government of Tamil Nadu on request for not less than two years or in the alternative to pay Rs.40 lakhs as the bond amount.

4. The petitioner completed the P.G. course on 30.05.2019. According to the petitioner, she was not given any appointment order for more than two years. It is stated that the petitioner had in fact made a representation to the 2nd respondent to give her appointment order/posting order to enable the petitioner to join duty and serve as per the bond condition. In spite of the same, no appointment order was given to the petitioner. The petitioner made a representation on 15.06.2021 to the 2nd respondent seeking for returning of her original certificates. The said request made by the petitioner was rejected through the impugned letter dated 20.07.2021. Aggrieved by the same, the present writ petition has been filed before this court.

5. When the matter was taken up for hearing on 12.08.2021, this court passed the following order:

“Mr.A.Selvendran, learned Government Advocate takes notice for the respondents.

2. It is seen from the impugned letter dated 20.07.2021 that the petitioner has been issued an appointment and posting order dated 18.10.2019 and the stand taken is that in spite of issuing such an appointment order, she did not joint duty in the posted place. Learned counsel for the petitioner has taken a very specific stand that no such appointment order was issued to the petitioner.

3. Learned Government Advocate appearing on behalf of the respondents shall take instructions and report before this Court. Post this case immediately after admission on 16.08.2021”.

6. Thereafter, the matter was taken up for hearing on 24.08.2021 and this Court passed the following order:

“Pursuant to the orders passed by this Court, the original file was produced before this Court. It is seen from the original file that the appointment order has been sent to nearly 147 Doctors through Speed Post and the appointment orders were issued through proceedings dated 18.10.2019. The Serial Number of the petitioner in the appointment order is SL.No.93. The address that has been mentioned therein is No.48, Anna Road, Block-25, Neyveli -607 803. The specific case of the petitioner is that she has left Neyveli 5 years back and she is presently residing at Chennai. Even in the proforma that was given by the petitioner when she was asked for preference of colleges for posting, the address for communication specifically mentions the Chennai