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WP No. 30390 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-03-2026

CORAM THE HON'BLE MS. JUSTICE P.T. ASHA

WP No. 30390 of 2025 &

WMP.No.34067 & 34068 of 2025

Dr.Gopi R

..petitioner(s)

Vs

1. The State Of Tamil Nadu Rep. By Its Principal Secretary, Health And

Family Welfare Department, Secretariat, Chennai-600 009.

2. Directorate Of Medical Education, Rep. By The Director Of Medical Education,

Kilpauk, Chennai-600 010.

3. Directorate Of Medical Of Rural Health Services

Rep. By The Director Of Medical Health And Rural Health Services, 359, Anna

Salai, Chennai-600 006.

4. Directorate Of Public Health And Preventive Medicine,

Rep. By The Director Of Public Health And Preventive Medicine, 359, Anna Salai,

Chennai-600 006.

5. Governemnt Kilpauk, Medical College, Rep. By Its Dean Poonamalee High Road,

Kilpauk, Chennai-600 010.

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WP No. 30390 of 2025

6. Chengalpattu Medical College, Rep. By Its Dean G.S.T. Road,

Chengalpattu District, Kancheepuram 603

001.

..respondent(s)

Prayer: This writ petition is filed under Article 226 of the Constitution of India, calling for the records of the 4^th respondent contained in the posting order bearing R.No.61908/E5/A4/2019-DMS-344 dated 20.06.2024 and to quash the same as arbitrary and unjust and to consequently direct the respondents to treat the petitioner’s bond period as complete and further direct the 5^th respondent to return the original bank guarantee bearing No.8367IPEBG200002 dated 15.12.2020 to the

petitioner.

For petitioner(s): Mr. Suhrith Parthasarathy

For respondent(s): Mrs. M.Sneha Special Counsel

(R2 to R6)

Mr. T.Ravichandran Special Government Pleader (R1)

ORDER

This writ petition is filed for the following relief:

“To call for the records of the 4^th respondent contained

in the posting order bearing R.No.61908/E5/A4/ 2019- DMS-344 dated 20.06.2024 and to quash the same as

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arbitrary and unjust and to consequently direct the respondents to treat the petitioners bond period as complete and further direct the 5th respondent to return the original bank guarantee bearing No.8367IPEBG200002 dated

15.12.2020 to the petitioner.”

2.The petitioner joined M.S. (General Surgery) course at

Government Kilpauk Medical College in May 2016 and completed the course in May 2019. Being a non-service candidate, he had executed a bond undertaking to serve the State Government for a period of two years,

if so required.

3. It is the case of the petitioner that despite the fact that the bond

period was put for a period of 2 years from the date of completion of course, the petitioner had not received any posting order for over 6 months. Meanwhile, the petitioner applied for a Senior Residency positions in premier institutions such as AIIMS and JIPMER, but was unable to secure admission as the original certificates required for the

application process were retained by the 5th respondent college.

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4. Ultimately, on 06.12.2019, a posting order was issued directing

the petitioner to join the Government Hospital at Anaicut, Vellore District. At that stage, the petitioner was pursuing higher studies and did not join the post. In December 2020, the petitioner secured admission to the super- speciality DNB course in Surgical Gastroenterology in Jaipur. As the college insisted on submission of original certificates, the petitioner requested the 5^th respondent to release them. However, the college refused unless a bank guarantee of Rs.40,00,000/- was furnished. Left with no other alternative, the petitioner was compelled to furnish the bank

guarantee and obtained the certificates.

5. Having completed the DNB course in December 2023, the

petitioner promptly approached the respondents on 20.01.2024, reques