2024:MHC:2068 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.04.2024 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.1110 of 2024 Dr.Gowtham Ram P ... Petitioner Vs.

1.State of Tamil Nadu, Rep. by its Principal Secretary, Department of Health and Family Welfare, Secretariat, Fort St. George, Chennai – 600 009.

2.Director of Medical Education, Directorate of Medical Education, 156, Poonamallee High Road, Kilpauk, Chennai – 600 010.

3.Director of Public Health and Preventive Medicine, Chennai – 600 006.

4.Dean, Madras Medical College, Chennai – 600 003. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2^nd and 4^th respondents authorities to return the original Post Graduation [M.S. (Ortho)] certificate of the petitioner in compliance to the 1^st respondent authority's direction dated

10.02.2022.

For Petitioner : Ms.A.Priyadarshini For Respondents : Mr.K.Tippu Sultan Government Advocate

O R D E R

The Writ of Mandamus has been instituted to direct the respondents 2 and 4 to return the original Post Graduation [M.S. (Ortho)] certificate of the petitioner in compliance to the 1^st respondent authority's direction dated

10.02.2022.

2. The petitioner completed his M.B.B.S degree course in the year 2014 and registered his name in the Tamil Nadu Medical Counsel. The petitioner secured admission in M.S. (Ortho) course at the 4^th respondent / Madras Medical College in Tamil Nadu against the All India Quota seats based on the allotment order dated 24.03.2016. The petitioner submitted all the original documents as prescribed in the prospectors for All India Post Graduate Medical Entrance Examination (AIPGMEE), 2016 at the time of taking admission at 4^th respondent.

3. It is not in dispute that the as per bond condition the petitioner has to serve in Government Medical College or Hospital for a period of two years. The petitioner completed the course and thereafter, he was selected to undergo Fellowship Course at Ganga Medical Centre at Coimbatore. Citing the said reason, the petitioner received all his original certificates except M.S. (Ortho) decree certificate during June, 2019 with an understanding that he would serve the bond period, if he was offered with the posting order on completion of his Fellowship Course during June 2020.

4. The affidavit filed in support of the writ petition by the petitioner would reveal that at his request the posting order dated 30.11.2019 was not acted upon. Since he was undergoing Fellowship Course at Ganga Medical Centre at Coimbatore. At the request of the petitioner, the respondents also handed over all the original certificates except M.S.(Ortho) degree certificate. The petitioner has assured that after completing the Fellowship Course at Coimbatore, he will serve the bond period if posting order was issued on completion of his course in June, 2020.

5. In view of the fact that the petitioner was permitted not to join in Government Hospital as per the posting order dated 30.11.2019 at his request, now he cannot turn around and claim that the original M.S.(Ortho) degree certificate is to be handed over to him. He has to serve two years as per the Bond conditions.

6. Pertinently, the expenditure incurred by the Government for training one Post Graduate student (Broad Speciality Course) reads as under:

7. Fee payable in Government institutions r