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2023 Supreme(Mad) 1797

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. DHANDAPANI, J.
Dr. V. Naveen Kumar & Others – Appellants
Versus
The State of Tamil Nadu, Represented by the Principal Secretary, Health and Family Welfare Department, Chennai & Others – Respondents
W.P.Nos. 5742, 6331 & 6334 of 2023 & W.M.P.Nos. 5741, 6367 & 6372 of 2023
Decided On : 01-06-2023

Advocates appeared:
For the Petitioners:P. Gnana Sekaran, Advocate. For the Respondents: P. Sathish, Additional Government Pleader.

The main legal point established in the judgment is the court's use of mandamus to compel the respondents to return the original documents submitted by the petitioners, with an undertaking from the petitioners to serve the balance period of service.

Headnote:

Mandamus - Return of Original Documents - Court directs respondents to return original documents submitted by petitioners after completion of their courses, with an undertaking from petitioners to serve the balance period of service

Fact of the Case:

Petitioners completed their Post Graduate Degree/Diploma Courses in Tamil Nadu Government Medical Colleges and were required to sign a bond for a sum of Rs.40,00,000/- with an undertaking to serve the Government of Tamil Nadu for a period not less than two years. After completion of their courses, they were not given posting as per the bond and their original certificates were retained by the respective third respondent College.

Finding of the Court:

The court found that the petitioners were given appointment orders only after 1-1/2 years of completion of their course and had rendered a considerable period of service. The original documents submitted by them were required for them to participate in the fellowship. The court directed the respondents to return all the original documents submitted by the petitioners, within a period of two weeks from the date of receipt of the order, after obtaining an undertaking from the petitioners that they will serve the balance period of service.

Issues: The main issue was the retention of original documents by the respective third respondent College after completion of the petitioners' courses, preventing them from participating in the fellowship.

Ratio Decidendi: The court's decision was influenced by the fact that the petitioners had completed a considerable period of service and that the original documents were necessary for them to participate in the fellowship. The court directed the respondents to return the original documents with an undertaking from the petitioners to serve the balance period of service.

Final Decision: The court directed the respondents to return all the original documents submitted by the petitioners, within a period of two weeks from the date of receipt of the order, after obtaining an undertaking from the petitioners that they will serve the balance period of service. The petitioners were directed to complete the balance period of their service as indicated.

JUDGMENT

(Prayer in W.P.No.5742 of 2023:

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 third respondent to return the (1) Original UG Certificate, (2) Original PG Mark Sheet, (3) Original PG Degree Certificate and all other original documents submitted by the petitioner at the time of his admission along with Experience Certificate for the service rendered as per the Bond period.

Prayer in W.P.No.6331 of 2023:

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 respondent no.3 to return all the (1) Original UG Certificates, (2) Original PG Provisional, (3) Original PG Mark Sheets, (4) Original PG Diploma in Obstetrics and Gynaecology Certificate and all other original documents submitted by the petitioner retained by the third respondent during the Post Graduation Course of the Petitioner who completed on May, 2020 itself along with experience certificate for the service rendered as per the Bond.

Prayer in W.P.No.6334 of 2023:

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 respondent no.3 to return all the (1) Original UG Certificate, (2) Original PG Provisional, (3) Original PG Mark Sheets, (4) Original PG Degree Certificates and all other original documents submitted by the petitioner retained by the third respondent during the Post Graduation Course of the Petitioner.

Common Order:

The petitioners have filed these writ petitions seeking issuance of Writ of Mandamus directing the respondents 1 and 2 to direct the respective third respondent to return all the original documents submitted by the petitioners, to the petitioners.

2. Since the issue involved in all these writ petitions are one and the same, they are heard together and disposed of by way of a common order.

3. The case of the petitioners is that the petitioners are qualified Doctors and at the time of admission to their Post Graduate Degree/ Diploma Courses in Tamil Nadu Government Medical Colleges, as per the prospectus, they were required to sign a bond for a sum of Rs.40,00,000/- with an undertaking that they should serve the Government of Tamil Nadu for a period not less than two years, immediately after completion of the course and in addition they were required to submit all their original certificates along with the medical certificates to the respective third respondent College. However, after completion of their Course, they were not given posting as per the Bond and their original certificates were also retained by the respective third respondent College. Hence, these writ petitions.

4. The learned counsel appearing for the petitioners submitted that the petitioners successfully completed their Course, however, they were given posting order only after 1-1/2 years of completion of their course and their original certificates were also retained by the respective third respondent College, due to which, they were unable to participate in the fellowship. Hence, this Court may issue direction to the respective third respondent College to return all the original documents submitted by the petitioners, to the petitioners.

5. The learned Additional Government Pleader appearing for the respondents, on instructions, submitted that Dr.V.Naveen Kumar/ Petitioner in W.P.No.5742 of 2023 has to serve balance period of one month and twenty five days; Dr.G.Divyadarshini/Petitioner in W.P.No.6331 of 2023 has to serve balance period of two months and five days and Dr.Silvin Sofhia Mary/ Petitioner in W.P.No.6334 of 2023 has to serve balance period of two months and unless the petitioners complete the balance service period they are not entitled for return of their original documents.

6. In response, the learned counsel appearing for the petitioners submitted that the petitioners are ready to serve the balance peri

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