IN THE HIG H COURT OF JUDICATURE AT MADRAS DATED : 29.05.2025 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI W.P.No.19484 of 2025 & WMP.No.21775 of 2025 Dr.Mariya Banu Ranjini .. Petitioner Versus

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

2.The Directorate of Medical Education, Represented by the Deputy Director of Medical Education, Kilpauk, Chennai-600 010.

3.The Dean, Government Stanley Medical College and Hospital, No.1, Old Jail Road, Royapuram, Chennai-600 001. ... Respondents Prayer : Write petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the first and second respondents to direct the third respondent to return the [i] original XII Mark Sheet [2] Original UG 4 years mark sheets [3] Original UG Degree Certificate, [4] Original PG Provisional, [5] Original PG Mark Sheets, [6] Original PG Degree certificate and all other original documents deposited by the petitioner retained by the third respondent regarding Post Graduation Courses of the petitioner.

For Petitioner : Mr.K.R.Laxman For Respondents : Mr.E.Sundaram, Government Advocate

ORDER

The petitioner has filed this Writ petition to return the Certificates of the petitioner collected by the third respondent viz., [i] original XII Mark Sheet [2] Original UG 4 years mark sheets [3] Original UG Degree Certificate, [4] Original PG Provisional, [5] Original PG Mark Sheets, [6] Original PG Degree certificate and all other original documents retained by the third respondent.

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 has completed her post-graduation in respective specialities 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 her course, she 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 her.

3.The cause of action for this writ petitions is that the writ petitioner, who has successfully completed her post-graduate course want to pursue a Fellowship in medical Retina, which is a recognized and essential higher training specialization. Being mandatory, he has undertaken the National Entrance Eligibility Test (NEET) for the said Speciality Courses and have successfully cleared the same. Since the respondents are insisting that they must complete their bond service and thereafter pursue their Speciality education. This, the petitioner feels, will adversely affect his educational prospects. Therefore, she 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 Speciality 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 their postgraduate course want to pursue their Super Speciality 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 their 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 educat