IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 26.05.2025 CORAM:

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Dr.Ambalavanan Aanandaroopan ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. By the Principal Secretary to Government, Department of Health and family Welfare, Secretariat, Chennai – 600 009.

2.The Director, The Directorate of Medical Education and Research, Kilpauk, Chennai-600 010.

3.The Dean, Government Kilpauk Medical College and Hospital, Kilpauk, Chennai-600 010. ... Respondents Prayer : Write petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the third respondent to return the original Certificate of the petitioner collected by the third respondent viz., (i) MBBS Degree Certificate, (ii). Internship Completion Certificate, (iii) MBBS Mark Sheet, and (iv) Plus two mark sheet at the time of admission to P.G.Course in M.S. (General Surgery) forthwith.

For Petitioner : Mr.S.Parthasarathi For Respondents : Mr.T.K.Saravanan Additional Government Pleader

ORDER

The petitioner has filed this Writ petition to return the original Certificate of the petitioner collected by the third respondent viz., (i) MBBS Degree Certificate, (ii). Internship Completion Certificate, (iii) MBBS Mark Sheet, and (iv) Plus two mark sheet at the time of admission to P.G.Course in M.S. (General Surgery) forthwith.

2. The matter relates to release of the original school, undergraduate and postgraduate certificates to Doctors who have undergone their post- graduation in the State of Tamil Nadu. It is not in dispute that the writ petitioner have completed his post-graduation in his respective specialties in the State of Tamil Nadu. At the time of joining the postgraduate course, the petitioner has signed a bond with the State of Tamil Nadu stating that on completion of his course, he will serve the State for a period of two years. Being non-service candidates, the State extracts this bond to ensure that the petitioner complete the period of two years before returning the certificates to them.

3.The cause of action for this writ petitions is that the writ petitioner, who has successfully completed his post-graudate course want to pursue his Super Specialty Course, as in, M.Ch (Cardio Vascular and Thoracic Surgery). Being mandatory, he has undertaken the National Entrance Eligibility Test (NEET) for the said Super Specialty Courses and have successfully cleared the same. He has also received the allotment orders. He pleads that he is unable to join his respective Super Specialty Courses, since the respondents are insisting that they must complete their bond service and thereafter pursue their Super Specialty education. This, the petitioner feels, will adversely affect his educational prospects. Therefore, he has moved this Court by way of a writ petition seeking direction to return their original certificates with an undertaking that he will report to the Directorate of Medical Education, after he has successfully completed his Super Specialty Course. By an order dated 16.05.2025, applying G.O.Ms.No.1445, Health and Family Welfare Department (MCA-1) Department, I applied the conditions laid down by the Government in that Government Order and directed the release of the certificates.

4. The Court is presented with a situation where the Doctors who have undergone his postgraduate course want to pursue his Super Specialty education, which is hard to comply. What stands between them and the education is the stand of the respondents that unless and until they complete his bond period, the respondents will not release the documents. The larger issue whether the educational certificates of the Doctors can be retained, as a lien, need not be gone into in this case. Yet, this Court has to balance the interest of the students and the interest of the State. The State has subsidized the education of the students and has given them quality education and exposure, which the writ petitioner would not have obtaine