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W.P.Nos.5999 & 6043 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDated: 27.03.2024CORAMTHE HONOURABLE DR. JUSTICE ANITA SUMANTHW.P.Nos.5999 & 6043 of 2024 andW.M.P.Nos.6646 & 6686 of 2024W.P.No.5999 of 2024Dr.Bibhuti Bhusan Das ... Petitionervs1.The State of Tamil Nadu Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai-600 009.2.Directorate of Medical Education Represented by the Director of Medical Education, Kilpauk, Chennai-600 010.3.Directorate of Medical and Rural Health Services, Represented by the Director of Medical Health and Rural Health Services, 359, Anna Salai, Chennai – 600 006.4.Directorate of Public Health and Preventive Medicine Represented by the Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai – 600 006.5.Government Thanjavur Medical College, Represented by its Dean, Thanjavur – 613 004.... Respondents1 / 7 https://www.mhc.tn.gov.in/judis W.P.Nos.5999 & 6043 of 2024PRAYER in W.P.No.5999 of 2024: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents to treat the Petitioner's two-year compulsory bond period as completed and to consequently direct 5th Respondent to return the Petitioner's original certificates and documents collected by the 5th Respondent while admitting the Petitioner to the super speciality degree course along with his super speciality degree certificate. W.P.No.6043 of 20241.Dr.P.S.Kripal2.Dr.Vinod Kumar T.3.Dr.Vinoth D.4.Dr.Manishkumar ... Petitionersvs1.The State of Tamil Nadu Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai-600 009.2.Directorate of Medical Education Represented by the Director of Medical Education, Kilpauk, Chennai-600 010.3.Directorate of Medical and Rural Health Services, Represented by the Director of Medical Health and Rural Health Services, 359, Anna Salai, Chennai – 600 006.4.Directorate of Public Health and Preventive Medicine Represented by the Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai – 600 006.5.Government Coimbatore Medical College, Represented by its Dean,2 / 7 https://www.mhc.tn.gov.in/judis W.P.Nos.5999 & 6043 of 2024 Avinashi Road, Coimbatore – 641 018.... RespondentsPRAYER in W.P.No.6043 of 2024: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents to treat the Petitioners' two-year compulsory bond period as completed and to consequently direct the Respondent Nos.2 to 4 to relieve the Petitioners from bonded service, and to direct the 5th Respondent to return the Petitioners' original certificates and documents collected by the 5th Respondent while admitting the Petitioners to the super speciality degree course along with their super speciality degree certificates. For Petitioners: Mr.Suhrith Parthasarathy(in all writ petitions)For Respondents:Mr.K.Tippu Sultan Government Advocate(in all writ petitions)COMMON ORDERRead this order in conjunction with and in continuation of order dated 11.03.2024 in WP.Nos.5999 of 2024 and 6043 of 2024, that reads as follows:'WP.No.5999 of 2024:The petitioner has made a representation before R5 seeking return of her original testimonials vide e-mail dated 26.09.2023. The petitioner is granted liberty to approach R2 along with a copy of representation dated 26.09.2023 forthwith.2. Upon receipt of representation, R2 will call for the petitioner, seek necessary clarifications, if necessary, and pass orders on the representation, prior to the next date of hearing. 3. Needless to say, R2, in disposing the representation, will take note of all Government orders that have been issued in this matter as relevant to the petitioner which have been taken note of by this Court in series of orders passed in the recent past.3 / 7 https://www.mhc.tn.gov.in/judis W.P.Nos.5999 & 6043 of 20244. List on 27.03.2024 at the end of admission list under the caption 'for production of orders'.and'WP.No.6043 of 2024:WMP No.6685 of 2024 filed seeking permision to file a single Writ Petition is ordered on payment of separate Court fee.2. The petitioners are at liberty to make a representation forthwith before the concerned authority, who, upon receipt of the same, will consider and pass orders in accordance with the Government Orders passed and in accordance with law, prior to the next date of hearing.3. List on 27.03.2024 at the end of admission list under the caption 'for production of orders'.2.Mr.Tippu Sultan, learned Government Advocate appearing for the respondents and assisted by Dr.C.S.Sripriya, Deputy Director of Medical Education & Research, Chennai produces a communication dated 27.03.2024 from the Deans of the Government Thanjavur Medical College and Government Coimbatore Medical College where the petitioners have undergone their PG courses respectively, to the effect that the covid duty of the petitioners have been verified and that the original certificates deposited by them could be collected back from the college offices. It is for the petitioners to now approach the Deans of the Government Thanjavur Medical College and Government Coimbatore Medical College respectively and obtain the certificates.3.As far as the procedure for being relieved from bond is concerned, the Court is given to understand that the process for relieving a candidates from 4 / 7 https://www.mhc.tn.gov.in/judis W.P.Nos.5999 & 6043 of 2024bond will be initiated by the Deans of the Government Thanjavur Medical College and Government Coimbatore Medical College respectively. The communication to aforesaid effect will be channelled through the office of the Directorate of Medical Education to the Director of Public Health and Preventive Medicine, who is the posting authority. 4.The Director of Public Health and Preventive Medicine will issue the relieving order and forward the same to the Deans of the Government Thanjavur Medical College and the Government Coimbatore Medical College respectively and the candidates concerned. This process should be completed, in all cases, within 15 working days from the date when the students collect the certificates from the respective Deans, as per paragraph 2 above.5.Recording the aforesaid, procedure which shall be followed in all similar cases as well, both the writ petitions stand closed. No costs. Connected miscellaneous petitions are also closed.27.03.2024Index : Yes/NoSpeaking OrderNeutral Citation:YesvsTo1.The Principal Secretary, Health and Family Welfare Department,5 / 7 https://www.mhc.tn.gov.in/judis W.P.Nos.5999 & 6043 of 2024 Secretariat, Chennai-600 009.2.The Director of Medical Education, Directorate of Medical Education Kilpauk, Chennai-600 010.3.The Director of Medical Health and Rural Health Services, Directorate of Medical and Rural Health Services, No.359, Anna Salai, Chennai – 600 006.4.The Director of Public Health and Preventive Medicine, Directorate of Public Health and Preventive Medicine 359, Anna Salai, Chennai – 600 006.5.The Dean, Government Thanjavur Medical College, Thanjavur – 613 004.6.The Dean, Government Coimbatore Medical College, Avinashi Road, Coimbatore – 641 0186 / 7 https://www.mhc.tn.gov.in/judis W.P.Nos.5999 & 6043 of 2024DR.ANITA SUMANTH, J.vsW.P.Nos.5999 & 6043 of 2024 andW.M.P.Nos.6646 & 6686 of 202427.03.20247 / 7
W.P.Nos.5999 & 6043 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDated: 27.03.2024CORAMTHE HONOURABLE DR. JUSTICE ANITA SUMANTHW.P.Nos.5999 & 6043 of 2024 andW.M.P.Nos.6646 & 6686 of 2024W.P.No.5999 of 2024Dr.Bibhuti Bhusan Das ... Petitionervs1.The State of Tamil Nadu Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai-600 009.2.Directorate of Medical Education Represented by the Director of Medical Education, Kilpauk, Chennai-600 010.3.Directorate of Medical and Rural Health Services, Represented by the Director of Medical Health and Rural Health Services, 359, Anna Salai, Chennai – 600 006.4.Directorate of Public Health and Preventive Medicine Represented by the Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai – 600 006.5.Government Thanjavur Medical College, Represented by its Dean, Thanjavur – 613 004.... Respondents1 / 7 https://www.mhc.tn.gov.in/judis W.P.Nos.5999 & 6043 of 2024PRAYER in W.P.No.5999 of 2024: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents to treat the Petitioner's two-year compulsory bond period as completed and to consequently direct 5th Respondent to return the Petitioner's original certificates and documents collected by the 5th Respondent while admitting the Petitioner to the super speciality degree course along with his super speciality degree certificate. W.P.No.6043 of 20241.Dr.P.S.Kripal2.Dr.Vinod Kumar T.3.Dr.Vinoth D.4.Dr.Manishkumar ... Petitionersvs1.The State of Tamil Nadu Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai-600 009.2.Directorate of Medical Education Represented by the Director of Medical Education, Kilpauk, Chennai-600 010.3.Directorate of Medical and Rural Health Services, Represented by the Director of Medical Health and Rural Health Services, 359, Anna Salai, Chennai – 600 006.4.Directorate of Public Health and Preventive Medicine Represented by the Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai – 600 006.5.Government Coimbatore Medical College, Represented by its Dean,2 / 7 https://www.mhc.tn.gov.in/judis W.P.Nos.5999 & 6043 of 2024 Avinashi Road, Coimbatore – 641 018.... RespondentsPRAYER in W.P.No.6043 of 2024: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents to treat the Petitioners' two-year compulsory bond period as completed and to consequently direct the Respondent Nos.2 to 4 to relieve the Petitioners from bonded service, and to direct the 5th Respondent to return the Petitioners' original certificates and documents collected by the 5th Respondent while admitting the Petitioners to the super speciality degree course along with their super speciality degree certificates. For Petitioners: Mr.Suhrith Parthasarathy(in all writ petitions)For Respondents:Mr.K.Tippu Sultan Government Advocate(in all writ petitions)COMMON ORDERRead this order in conjunction with and in continuation of order dated 11.03.2024 in WP.Nos.5999 of 2024 and 6043 of 2024, that reads as follows:'WP.No.5999 of 2024:The petitioner has made a representation before R5 seeking return of her original testimonials vide e-mail dated 26.09.2023. The petitioner is granted liberty to approach R2 along with a copy of representation dated 26.09.2023 forthwith.2. Upon receipt of representation, R2 will call for the petitioner, seek necessary clarifications, if necessary, and pass orders on the representation, prior to the next date of hearing. 3. Needless to say, R2, in disposing the representation, will take note of all Government orders that have been issued in this matter as relevant to the petitioner which have been taken note of by this Court in series of orders passed in the recent past.3 / 7 https://www.mhc.tn.gov.in/judis W.P.Nos.5999 & 6043 of 20244. List on 27.03.2024 at the end of admission list under the caption 'for production of orders'.and'WP.No.6043 of 2024:WMP No.6685 of 2024 filed seeking permision to file a single Writ Petition is ordered on payment of separate Court fee.2. The petitioners are at liberty to make a representation forthwith before the concerned authority, who, upon receipt of the same, will consider and pass orders in accordance with the Government Orders passed and in accordance with law, prior to the next date of hearing.3. List on 27.03.2024 at the end of admission list under the caption 'for production of orders'.2.Mr.Tippu Sultan, learned Government Advocate appearing for the respondents and assisted by Dr.C.S.Sripriya, Deputy Director of Medical Education & Research, Chennai produces a communication dated 27.03.2024 from the Deans of the Government Thanjavur Medical College and Government Coimbatore Medical College where the petitioners have undergone their PG courses respectively, to the effect that the covid duty of the petitioners have been verified and that the original certificates deposited by them could be collected back from the college offices. It is for the petitioners to now approach the Deans of the Government Thanjavur Medical College and Government Coimbatore Medical College respectively and obtain the certificates.3.As far as the procedure for being relieved from bond is concerned, the Court is given to understand that the process for relieving a candidates from 4 / 7 https://www.mhc.tn.gov.in/judis W.P.Nos.5999 & 6043 of 2024bond will be initiated by the Deans of the Government Thanjavur Medical College and Government Coimbatore Medical College respectively. The communication to aforesaid effect will be channelled through the office of the Directorate of Medical Education to the Director of Public Health and Preventive Medicine, who is the posting authority. 4.The Director of Public Health and Preventive Medicine will issue the relieving order and forward the same to the Deans of the Government Thanjavur Medical College and the Government Coimbatore Medical College respectively and the candidates concerned. This process should be completed, in all cases, within 15 working days from the date when the students collect the certificates from the respective Deans, as per paragraph 2 above.5.Recording the aforesaid, procedure which shall be followed in all similar cases as well, both the writ petitions stand closed. No costs. Connected miscellaneous petitions are also closed.27.03.2024Index : Yes/NoSpeaking OrderNeutral Citation:YesvsTo1.The Principal Secretary, Health and Family Welfare Department,5 / 7 https://www.mhc.tn.gov.in/judis W.P.Nos.5999 & 6043 of 2024 Secretariat, Chennai-600 009.2.The Director of Medical Education, Directorate of Medical Education Kilpauk, Chennai-600 010.3.The Director of Medical Health and Rural Health Services, Directorate of Medical and Rural Health Services, No.359, Anna Salai, Chennai – 600 006.4.The Director of Public Health and Preventive Medicine, Directorate of Public Health and Preventive Medicine 359, Anna Salai, Chennai – 600 006.5.The Dean, Government Thanjavur Medical College, Thanjavur – 613 004.6.The Dean, Government Coimbatore Medical College, Avinashi Road, Coimbatore – 641 0186 / 7 https://www.mhc.tn.gov.in/judis W.P.Nos.5999 & 6043 of 2024DR.ANITA SUMANTH, J.vsW.P.Nos.5999 & 6043 of 2024 andW.M.P.Nos.6646 & 6686 of 202427.03.20247 / 7