IN THE HIG H COURT OF JUDICATURE AT MADRAS DATED : 29.05.2025 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI W.P.No.19495 of 2025 & WMP.No.21786 of 2025

1. Dr.Anish S.Bharatwaj

2. Dr.Bhanu Prriya O.N. .. Petitioners Versus

1.The State of Tamil Nadu, Rep. By its 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, Kilpauk Medical College and Hospital, Kilpauk, Chennai. ... 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 respective petitioners retained by the third respondent regarding Post Graduation Courses of the petitioners.

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 petitioners 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 petitioners have completed their post-graduation in respective specialities in the State of Tamil Nadu. At the time of joining the postgraduate course, the petitioners have signed a bond with the State of Tamil Nadu stating that on completion of their course, they will serve the State for a period of two years. Being non-service candidates, the State extracts this bond to ensure that the petitioners 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 petitioners, who had successfully completed their post-graduate course want to pursue a super speciality court, namely D.M., Nephrology and MD Radiation and the petitioners have also been allocated with a seat in Christian Medical College Vellore. 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 petitioners feel, will adversely affect their educational prospects. Therefore, they had moved this Court by way of a writ petition seeking direction to return their original certificates with an undertaking that they will report to the Directorate of Medical Education, after they had successfully completed their 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