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2022 Supreme(Mad) 1762

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
Dr. MD Nizamuddin Khan & Others - Appellant
Versus
The State of Tamil Nadu, Represented by its Principal Secretary, Health and Family Department, Secretariat, Chennai & Others - Respondent
W.P.No. 13279 of 2022 & W.M.P.No. 12572 of 2022
Decided On : 25-05-2022

Advocates appeared:
For the Petitioners:N.A. Nissar Ahmed, Advocate. For the Respondents: V. Jeeva Giridharan, Additional Government Pleader.

Headnote:

Writ Petition - Return of Original Certificates - The court directed the respondents to conduct counseling and issue appointment and posting orders to the petitioners enabling them to serve in Government Hospitals in compliance with the bond conditions.

Fact of the Case:

The petitioners completed their Post Graduate Courses in Government Institutions and were awaiting posting orders as per the bond executed by them. They filed a writ petition seeking the return of their original certificates.

Finding of the Court:

The court directed the respondents to conduct counseling and issue appointment and posting orders to the petitioners enabling them to serve in Government Hospitals in compliance with the bond conditions.

Issues: Non-issuance of posting orders and return of original certificates by the respondents.

Ratio Decidendi: The court emphasized the need for the petitioners to comply with the bond conditions and serve in Government Hospitals for the welfare of the public, as per the oath taken by them.

Final Decision: The Writ Petition stands disposed of with the direction for the respondents to conduct counseling and issue appointment and posting orders to the petitioners. No costs were awarded, and the connected miscellaneous petition is closed.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 3 to 15 to forthwith return the original certificates/documents of the petitioners, collected by the respondents 3 to 15 while admitting the petitioners to Post Graduate Degree courses in various institutions as sought vide representation lastly dated 04.05.2022 in light of the judgment of this Court in W.A.No.1182/2022 dated 27.4.2022.)

The relief sought for in the present writ petition is to direct the respondents 3 to 15 to forthwith return the original certificates/documents of the petitioners, collected by the respondents 3 to 15 while admitting the petitioners to Post Graduate Degree courses in various institutions as sought vide representation lastly dated 04.05.2022 in light of the judgment of this Court in W.A.No.1182 of 2022 dated 27.04.2022.

2. Admittedly, the writ petitioners have undergone Post Graduate Courses in various discipline in Government Institutions. They have completed their respective specialty courses and they are awaiting the posting orders from the government as per the bond executed by them. As per the bond condition, the petitioners are bound to serve in Government Hospitals for a minimum period of two years after completion of the specialty courses.

3. The learned counsel for the petitioners mainly contended that even after the completion of the Post Graduate Courses, the respondents have not issued the posting orders and further, not returned the original certificates enabling the writ petitioners to continue their medical practice. Hence, these petitioners are constrained to move the present writ petition.

4. It is not in dispute between the parties that during the admission to Post Graduate courses in various specialties, the writ petitioners have executed a bond and as per the conditions of the bond, the petitioners are bound to serve in Government Hospitals for a minimum period of two years after completion of their respective specialty courses.

5. The learned Additional Government Pleader appearing on behalf of the respondents furnished a copy of the written instructions issued by the Director of Medical Education, dated 25.05.2022. As per the written instructions of the Director of Medical Education, the department has decided to conduct counselling for the Service Post Graduates on 02nd June 2022. The counselling for the Non Service Post Graduates for specialties of Obstetrics & Gynaecology, Radio Diagnosis, Radio Therapy, Anatomy, Forensic Medicine, Anaesthesis and SPM will be held on 6th June 2022 by the Director of Medical Education and the remaining departments counselling will be conducted by the Director of Medical and Rural Health Services, Chennai in the 3rd week of June 2022 and it is further stated that after completion of the counselling, the Director of Public Health and Preventive Medicine, Chennai will issue appointment and Posting orders to the Non Service Post Graduates for continuing their bond service.

6. The written instructions issued by the Director of Medical Education, in clear terms, states that the counselling will be conducted for the petitioners also and appointment and posting orders will be issued by the competent authority. Then, it is clarified that the petitioners will be issued with the appointment and posting orders during the counselling scheduled to be held in the month of June 2022. The petitioners are bound to participate in the counseling and serve in Government Hospitals as per the bond executed by them.

7. The Government has also spent huge amount of tax payers' money for imparting Post Graduate specialty courses. When public money has been spent for the education for these doctors and specifically, for acquiring specialisation in medicine, their services are required for the public at large.

8. Even as per the Medical Council of India, the doctors are bound to serve for the welfare of the citizens of our great n

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