IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2022

CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.A.Nos.462, 464 and 471 of 2022

W.A.No.462 of 2022:

Dr.Ahamed Muneef

...

Appellant

Vs.

1. Dr.Rajeswari

2. Dr.G.Arun Kumar

3. Dr.Durga R

4. Dr.M.Kokilavani

5. Dr.A.T.Indumathi

6. Dr.N.Poornima

7. Dr.S.Lakshmanan

8. The Dean

Employees State Insurance Corporation Medical College &

Post Graduate Institution of Medical Science & Research

Ashok Pillar Road, K.K.Nagar

Chennai - 078.

9. The Tamil Nadu Dr.MGR Medical University

Rep. by the Registrar

Guindy, Chennai.

...

Respondents

W.A.No.464 of 2022:

Dr.G.Arun Kumar

...

Appellant

Vs.

https://hcservices.ecourts.gov.in/hcservices/

1. Dr.Rajeswari

2. Dr.Ahmed Mubeef

3. Dr.Durga R

4. Dr.M.Kokilavani

5. Dr.A.T.Indumathi

6. Dr.N.Poornima

7. Dr.S.Lakshmanan

8. The Dean

Employees State Insurance Corporation Medical College &

Post Graduate Institution of Medical Science & Research

Ashok Pillar Road, K.K.Nagar

Chennai - 078.

9. The Tamil Nadu Dr.MGR Medical University

Rep. by the Registrar

Guindy, Chennai.

...

Respondents

W.A.No.471 of 2022:

Dr.Durga R

...

Appellant

Vs.

1. Dr.Rajeswari

2. Dr.Ahmed Mubeef

3. Dr.G.Arun Kumar

4. Dr.M.Kokilavani

5. Dr.A.T.Indumathi

6. Dr.N.Poornima

7. Dr.S.Lakshmanan

8. The Dean

Employees State Insurance Corporation Medical College &

Post Graduate Institution of Medical Science & Research

Ashok Pillar Road, K.K.Nagar

Chennai - 078.

9. The Tamil Nadu Dr.MGR Medical University

Rep. by the Registrar

Guindy, Chennai.

...

Respondents

Prayer: Appeals filed under Clause 15 of the Letters Patent

against the order dated 07.01.2022 in W.P.No.20784 of 2015.

https://hcservices.ecourts.gov.in/hcservices/

Prayer in WP.20784 of 2015: Writ Petition filed under Article

226 of the Constitution of India for issuance of a Writ of

Mandamus, directing the 1^st respondent to return the following

original certificates of petitioners viz, Higher Secondary /

SSLC Certificate MBBS Degree Certificate, Mark Sheets, Medical

Registration Certificate, CRRI Completion Certificate, MCI

Recognition Certificate,

Community Certificate and the

following Post Graduate Degree Certificates viz Post Graduate

Course Completion Certificate, Attempt Certificate, Conduct

Certificate,

Transfer

Certificate,

Provisional

Degree

Certificate, Mark Statements and any other certificates

forthwith.

For Appellants

: Mr.A.Mohamed Ismail in all WA's

COMMON JUDGMENT

(Delivered by the Hon'ble Chief Justice)

By these writ appeals, a challenge is made to the order

dated 7.1.2022, by which the writ petition preferred by the

appellants was dismissed, however, with certain directions.

2. The writ petition was preferred by eight petitioners

seeking a direction on the respondents to return the following

original certificates: Higher Secondary/SSLC Certificate, MBBS

Degree Certificate, Mark Sheets, Medical Registration

Certificate, CRRI Completion Certificate, MCI Recognition

Certificate, Community certificate, Post Graduate Degree

Certificate, etc.

3. It is submitted that prior to the writ petition

aforesaid, another batch of writ petitions followed by writ

appeals were disposed by a Division Bench of this court by

judgment dated 11.08.2017, where, on noticing that the medical

institution has not rectified certain deficiencies pointed out

by the Medical Council of India, the Division Bench deemed it

appropriate to levy compensatory cost of Rs.1,00,000/- from the

medical institution for every Under Graduate student and

Rs.2,00,000/- for every Post Graduate student who pursued their

courses.

4. After the judgment aforesaid, the writ appellants

completed the Post Graduate course. They were required to serve

the ESI Corp