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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.02.2023

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

W.P.No. 26556 of 2022

And

W.M.P.No. 25617 of 2022

1.

Dr.Jayakrishnan M.P.

2.

Dr.Mohamed Yasid C.M.

3.

Dr.Rohan Gayakwad

4.

Dr.Archana Chiniwalar

5.

Dr.Sumi M.Pillai

... Petitioners

..Vs..

1.

The State of Tamil Nadu

Represented by its Principal Secretary

Health and Family Department

Secretariat, Chennai – 600 009.

2.

Directorate of Medical Education

Represented by the Director of Medical Education

Kilpauk, Chennai – 600 010.

3.

Government ESI Medical College and Hospital

Represented by its Dean

Coimbatore – 641 005.

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4.

Government Mohan Kumaramangalam Medical College Hospital

Represented by its Dean

Fort Main Road, Salem – 636 002.

5.

Government Villupuram Medical College

Represented by its Dean

Mundiyampakkam,

Villupuram – 605 601.

6.

Government Medical College, Thiruvallur

Represented by its Dean

Thiruvallur – 602 001.

7.

Government Stanley Medical College

Represented by its Dean

No.1, Old Jail Road,

Chennai – 600 001.

8.

National Medical Council

Represented by its Secretary

Pocket 14, Sector -8, Dwarka Phase I,

New Delhi – 110 077.

... Respondents

PRAYER: Petition under Article 226 of the Constitution of India, praying

for the issue of a Writ of Mandamus directing the respondent Nos. 3 to 6 to

relieve the petitioners from their bonded service in the Respondent Nos. 3 to

6 institutions and further direct the respondent Nos. 3 to 7 to return the

original certificates/documents of the petitioners along with their Super

Specialty Degree certificates.

***

For Petitioner

:: Mr. Suhrith Parthasarathy

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For RR 1 to 7

:: Mr. U.Baranitharan

Additional Government Pleader

For 8^th Respondent

:: Mrs. Shubha Ranjani Ananth

ORDER

This Writ Petition has been filed by the five Doctors, who, in the

nature of a Mandamus seeking a direction against the 3 to 6 respondents,

namely, Government ESI Medical College and Hospital, represented by its

Dean, Coimbatore, and also by the Government Mohan Kumaramangalam

Medical College Hospital, represented by its Dean, Fort Main Road, Salem

and also against Government Villupuram Medical College, represented by

its Dean, Mundiyampakkam, Villupuram and Government Medical College,

Thiruvallur, represented by its Dean, Thiruvallur, to relieve them from their

service which they had agreed in separate bonds executed by them and to

further direct the third to seventh respondents to return their original

certificates/documents along with their Super Specialty Degree certificates.

2.

The petitioners had completed M.B.B.S Degree and also their

PG Degree. They had thereafter studied various Post Graduation Specialty

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Courses as stated in the affidavit. There were each required to give the

originals of their certificates, namely, 10^th and 12^th mark sheets, M.B.B.S

Degree and all other educational service to the respective respondent

Colleges. Thereafter, they were each directed to execute a bond for a sum of

Rs.50/- lakhs with an undertaking that they would serve the Government of

TamilNadu for a period of two years upon completing their Specialty

courses. Each one of the petitioners had qualified themselves in one of the

Super Specialty Courses, namely, DM (Neurology / DM (Medical

Gastroenterology) and DM (Nephrology)

3.

They stated that during the study of the Super Specialty

Courses, Covid-19 pandemic struck. They were also called them to serve as

front line medical team to attend to those patients, who had been afflicted

with Covid-19.

4.

I am informed that they had so attend those patients.

5.

The only issue was that they did so during the study period of

their Super Specialty Courses. Thereafter, they completed the Super

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Specialty Courses. The bonds remained i