IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.09.2025 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.23170 of 2025 and WMP.nos.26038 & 26039 of 2025

1.DR.SUNDHIIP KRISHNAN.S

2.DR.DESINGH.K

3.DR.SUSHMITHA A.

4.DR.THARANIPRIYA.M

5.DR.KIRUBA.R

6.DR.ANIRUDH PARTHIBAN

7.DR.JASEELA FEBIN.V

8.DR.KAVIYA.S

9.DR.K.ABBIMATHI

10.DR.ABHILASH NAIR RAMACHANDRA NAIR

11.DR.MAYOOREE M.V. ... Petitioners Vs.

1.THE STATE OF TAMILNADU, REP BY ITS PRINCIPAL SECRETARY, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, CHENNAI-600 009

2.DIRECTORATE OF MEDICAL EDUCATION AND RESEARCH REP BY ITS DIRECTOR, KILPAUK, CHENNAI-600 010

3.DIRECTORATE OF MEDICAL AND RURAL HEALTH SERVICES REP BY ITS DIRECTOR, 359, ANNA SALAI, CHENNAI-600 006

4.DIRECTORATE OF PUBLIC HEALTH AND PREVENTIVE MEDICINE REP BY ITS DIRECTOR, 359, ANNA SALAI, CHENNAI-600 006

5.GOVERNMENT KILPAUK MEDICAL COLLEGE REP BY ITS DEAN, POONAMALLEE HIGH ROAD, KILPAUK, CHENNAI-600 010

6.THANJAVUR MEDICAL COLLEGE, REP BY ITS DEAN, MEDICAL COLLEGE ROAD, THANJAVUR-613 004

7.MADURAI MEDICAL COLLEGE, REP BY ITS DEAN, PANAGAL ROAD, ALWARPURAM, MADURAI-625 050

8.MADRAS MEDICAL COLLEGE, REP BY ITS DEAN, E.V.R.SALAI, CHENNAI-600 003 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent contained in its commutation bearing Ref.No.006603/ME2/3/2025 dated 9.6.2025 and to quash the same as arbitrary, unjust and illegal insofar as it pertains to the posting orders issued to the petitioners and consequently direct the 2nd respondent to release the petitioners from bonded service and direct the respondent Nos.5 to 8 to return the petitioners’ original certificates along with their post graduate degree certificates For Petitioners : M/s.Suhrith Parthasarathy For Respondents : Mr.K.Tippu Sultan, Government Advocate

O R D E R

This writ petition has been filed challenging the order passed by the second respondent dated 09.06.2025 thereby issuing the posting order in order to comply with the bond condition.

2. The petitioners after completion of their MBBS degree, had secured admission in their respective Post Graduation degree. After becoming eligible under NEET PG examination, at the time of their post graduation degree, they had executed bond, thereby undertaking to serve the Government hospitals for a period of two years, failing which they shall have to deposit the bond amount of Rs.40,00,000/-. Thereafter, some of the doctors who completed their post graduation were called for counselling for posting them in their respective hospitals. However, the petitioners’ names were not found in the counselling list and they were issued posting orders directly.

3. The learned counsel for the petitioners would submit that the above is clear violation and unreasoned since some of the doctors who had completed their post graduation were called for counselling and according to their wish, they were given posting. However, the petitioners were not given such opportunity and the respondents conducted counselling in a non transparent manner, thereby depriving the petitioners of their right to make informed decision regarding their posting.

4. On perusal of records, it is found that all the petitioners are non service candidates and the counselling is applicable only in respect of service candidates to opt their places. Therefore, the petitioners cannot say that some of the doctors who had completed their post graduation were called for counselling and they were not called for counselling. Now the fourth respondent has joined in the post as per the posting order and she is continuing in that post. Insofar as petitioners 1,2,8,9 & 11, the post that they were alloted are now vacant. Insofar as petitioners 3,5,6,7 and 10, the places where they were posted have been now filled up by other candidates.

5. In view of the above, the second respondent is directed to issue fresh posting order to petitioners 3,5 to 7 and 10