Madrasdated High Court · 2025

W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 2025original certificates of the petitioner collected by the third respondent at the time of her admission to the PG course MS (General Surgery) forthwith.For Petitioner :Mr.V.SivaramanFor Respondents 1 & 2 :Mrs.Sneha,Special Counsel forHealth DepartmentW.P.No.18874 of 2025:1.Dr.Nitu Kumari2.Dr.Ajitha C3.Dr.Aparna K G4.Dr.Fathima J Njarakkatil5.Dr.James Lalnundika Darlong6.Dr.Kalyani P7.Dr.Kamaraju Sreekar8.Dr.Maddirala Bhavana9.Dr.Ramesh V10.Dr.Sowmiya11.Dr.Vasanthi.E12.Dr.Vishnu G Varma ... PetitionersVs.1.The State of Tamil Nadu, Rep. by the Principal Secretary to Government, Department of Health & Family Welfare, Secretariat, Chennai – 600 009.Page No.2 of 21 https://www.mhc.tn.gov.in/judis W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 20252.Directorate of Medical Education, Rep. by the Deputy Director of Medical Education.3.The Dean, Madras Medical College, Near Park Town Station, Ponnamallee High Road, Park Town, Chennai – 600 003.4.The Dean, Stanely Medical College and Hospital, Chennai.5.The Dean, Omandurar Government Medical College and Hospital, Chennai.6.The Dean, KAP Viswanathan Government Medical College and Hospital, Tiruchirapalli.7.The Dean, Villupuram Medical College, Villupuram District, Villupuram.8.The Dean, Erode Government Head Quarters College and Hospital, Erode.9.The Dean, Tirunelveli Medical College, Tirunelveli.Page No.3 of 21 https://www.mhc.tn.gov.in/judis W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 202510.The Dean, Madurai Medical College, Madurai. … RespondentsWrit Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents 1 and 2 to direct the 3 to 10 respondent to return the (1) Original 12th 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 respective petitioners retained by the 3 to 10 respondent regarding the Post-Graduation Courses of the petitioners respectively.For Petitioners :Mr.K.R.LaxmanFor Respondents :Mrs.Sneha,Special Counsel forHealth DepartmentRev.Aplw.No.146 of 2025 in W.P.No.17529 of 2025:1.The State of Tamil Nadu, Rep. by the Principal Secretary to Government, Department of Health & Family Welfare, Secretariat, Chennai – 600 009.2.The Director of Medical Education, Rep. by the Deputy Director of Medical Education, Kilpauk,Page No.4 of 21 https://www.mhc.tn.gov.in/judis W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 2025 Chennai – 600 010.3.The Dean, Madras Medical College, Near Park Town Station, Ponnamallee High Road, Park Town, Chennai – 600 003.4.The Dean, Government Mohan Kumaramangalam Medical College Hospital (GMKMCH), Salem – 636 001.5.The Dean, Chengalpattu Medical College, GST Road, Chengalpattu, Kancheepuram – 01.6.The Dean, Kilpauk Medical College, Kilpauk, Chennai – 600 010.7.The Dean, Government Thiruvannamalai Medical College and Hospital, Thiruvannamalai – 606 603.8.The Dean, Government Dharmapuri Medical College, Dharmapur – 636 701. ... Review Applicants/RespondentsVs.1.Dr.Sibichakkaravarthy2.Dr.Bharathi.BPage No.5 of 21 https://www.mhc.tn.gov.in/judis W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 20253.Dr.Anuyasodha PM4.Dr.JAwahar S.R5.Dr.Dharini Prasad6.Dr.P.Gokulakrishnan7.Dr.Sneha8.Dr.Raakesh Kumar R9.Dr.Abhilash Nair Ramachandran Nair10.Dr.Satwika S11.Dr.Sruthi R12.Dr.Gopala Krishnan S13.Dr.Kaartik Anand … Respondents/petitionersReview Application filed under Order 47 Rule 1 read with Section 114 of CPC to review the order dated 16.05.2025 passed in W.P.No.17529 of 2025.For Review Applicants :Mrs.Sneha,Special Counsel forHealth DepartmentFor Respondents :Mr.K.R.LaxmanRev.Aplw.No.147 of 2025 in W.P.No.18262 of 2025:1.The State of Tamil Nadu, Rep. by the Principal Secretary to Government, Department of Health & Family Welfare, Secretariat, Chennai – 600 009.Page No.6 of 21 https://www.mhc.tn.gov.in/judis W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 20252.The Director of Medical Education, Rep. by the Deputy Director of Medical Education, Kilpauk, Chennai – 600 010.3.The Dean, Thoothukudi Government Medical College and Hospital, Thoothukudi.4.The Dean, Kilpauk Medical College, Kilpauk, Chennai – 600 010.5.The Dean, Madras Medical College, Near Park Town Station, Ponnamallee High Road, Park Town, Chennai – 600 003.6.The Dean, Stanely Medical College and Hospital, Chennai.7.The Dean, Coimbatore Medical College, Avanishi Road, Coimbatore.8.The Dean, Thanjavur Government Medical College and Hospital, Thanjavur.9.The Dean,Page No.7 of 21 https://www.mhc.tn.gov.in/judis W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 2025 Chengalpattu Medical College, GST Road, Chengalpattu, Kancheepuram – 01. ... Review Applicants/RespondentsVs.1.Dr.K.Mahindan2.Dr.Aravindh Raj V3.Dr.A.Deepika4.Dr.Akansha Ajith5.Dr.N.Thivakar6.Dr.B.Jaisundar7.Dr.S.Suriya Prakash8.Dr.Andrew Jebadurai.G9.Dr.B.Subalakshmi10.Dr.Sandhiya.N11.Dr.T.R.Preethi12.Dr.AiyasathulSafa13.Dr.Thannarasi.K14.Dr.Piravin Kumar R15.Dr.Sudalai Selvam16.Dr.ChidambaraThanu.V17.Dr.Jayanth Pavan Pavuluri18.Dr.Fasna T.P19.Dr.Deepak S20.Bala GaneshPage No.8 of 21 https://www.mhc.tn.gov.in/judis W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 202521.Dr.S.Dhanya … Respondents/petitionersReview Application filed under Order 47 Rule 1 read with Section 114 of CPC to review the order dated 16.05.2025 passed in W.P.No.18262 of 2025.For Review Applicants :Mrs.Sneha,Special Counsel forHealth DepartmentFor Respondents :Mr.K.R.LaxmanRev.Aplw.No.148 of 2025 in W.P.No.17424 of 2025:1.The State of Tamil Nadu, Rep. by the Principal Secretary to Government, Department of Health & Family Welfare, Secretariat, Chennai – 600 009.2.The Director of Medical Education, Rep. by the Deputy Director of Medical Education, Kilpauk, Chennai – 600 010.3.The Dean, Madras Medical College, Near Park Town Station, Ponnamallee High Road, Park Town, Chennai – 600 003.4.The Dean, Government Mohan KumaramangalamPage No.9 of 21 https://www.mhc.tn.gov.in/judis W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 2025 Medical College Hospital (GMKMCH), Salem – 636 001.5.The Dean, Chengalpattu Medical College, Chengalpattu.6.The Dean, Kilpauk Medical College, Kilpauk, Chennai – 600 010.7.The Dean, Villupuram Medical College, Villupuram District, Villupuram. ... Review Applicants/Respondents(7th Review Applicants suo-motu impleaded by this Court dated 23.05.2025)Vs.1.Kishaanprabhu2.Anbarasu3.Dr.Apsara Chandramohan4.Dr.Aditya JP5.Dr.Kailashkrishnan6.Dr.R.Sunil Ashish7.Dr.Vasantha A8.Dr.S.P.Sakthivignesh9.Rhea Rachel Mathai10.Dr.R.Selva Krishna11.Dr.Gautam KPage No.10 of 21 https://www.mhc.tn.gov.in/judis W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 202512.Dr.Barathi M13.Dr.Vinayakan R.B14.Dr.Abirami.R.A.15.Dr.Ajeeth Kumar.M16.Sajith Sylan17.Dr.Dhanush Karan.V18.Dr.R.Balaji19.Dr.Surya Prakash B … Respondents/petitionersReview Application filed under Order 47 Rule 1 read with Section 114 of CPC to review the order dated 16.05.2025 passed in W.P.No.17424 of 2025.For Review Applicants :Mrs.Sneha,Special Counsel forHealth DepartmentFor Respondents :Mr.K.R.LaxmanC O M M O N O R D E RThe Dean, Villupuram Medical College, Villupuram District is suo motu impleaded as 7th Review Applicant in Review Application No.148 of 2025. Registry is directed to amend the cause title accordingly.2. All these matters relate to release of the original school, Page No.11 of 21 https://www.mhc.tn.gov.in/judis W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 2025undergraduate and postgraduate certificates to Doctors who have undergone their post-graduation in the State of Tamil Nadu. It is not in dispute that all the writ petitioners have completed their post-graduation in their respective specialties in the State of Tamil Nadu. At the time of joining the postgraduate course, each of 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 these writ petitions is that the writ petitioners, who have successfully completed their post-graudate course want to pursue their Super Specialty Course, as in, M.Ch and DM. Being mandatory, they have undertaken the National Entrance Eligibility Test (NEET) for the said Super Specialty Courses and have successfully cleared the same. Apart from the petitioner in W.P.No.18342 of 2025 (Dr.Dhivya Nandhiny), all the others have already attended their first counseling of the Super Specialty Course. They have also received the allotment orders. They Page No.12 of 21 https://www.mhc.tn.gov.in/judis W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 2025plead that they are unable to join their 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 petitioners feels, will adversely affect their educational prospects. Therefore, they have 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 have successfully completed their 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. Hence, the State of Tamil Nadu and the Dean of the respective Medical Colleges have moved Review Application Nos.146, 147 and 148 of 2025. 4. I heard Ms.Sneha, learned Special Counsel for Health Department appearing for the Review Petitioners, Mr.K.R.Laxman and Mr.Sivaraman, learned counsel appearing for the respective Doctors.Page No.13 of 21 https://www.mhc.tn.gov.in/judis W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 20255. The Court is presented with a situation where the Doctors who have undergone their postgraduate course want to pursue their 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 their bond period, the respondents/Review Petitioners 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 petitioners would not have obtained, if not, for their undergoing the courses in the respective Government medical colleges. 6. After hearing extensive arguments from Ms.Sneha, learned Special Counsel for Health Department appearing for the Review Petitioners, Mr.K.R.Laxman and Mr.Sivaraman, learned counsel appearing for the respective Doctors, by consent, the following orders have been passed:1.The petitioners shall produce the allotment letters before the Deans of Page No.14 of 21 https://www.mhc.tn.gov.in/judis W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 2025the Medical Colleges, in which they underwent their post graduate medical education.2.On production of their allotment letters, the respective Deans shall issue a certified copy of their certificates.3.On the basis of the certified copies that have been issued, and together with their allotment letters, the students will be entitled to join the educational institutions, which has been allotted to them in the NEET Super Specialty counseling.4.On being intimated by the writ petitioners, as to which Universities/Deemed to be Universities/DNB, under NBEMS in which the students have been admitted to, the Directorate of Medical Education will forward the certificates of the students to the respective Universities/Deemed to be Universities/NBEMS for registration.5.Once the process of registration is completed, Universities/Deemed to be Universities/NBEMS to which the certificates have been sent, will return the same to the Directorate of Medical Education, Chennai.6.The Directorate of Medical Education shall ensure that the certificates are retained safely.Page No.15 of 21 https://www.mhc.tn.gov.in/judis W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 20257.On completion of their super speciality course, the students will report to the Directorate of Medical Education for obtaining posting orders in order to complete their bond. It shall be in writing and the same shall be acknowledged.8.The Directorate of Medical Education shall issue posting orders to the students within a period of four months from the date of such reporting.9.The Directorate of Medical Education shall issue posting orders to the students commensurate with their educational qualification.10.The posting orders shall be on contract basis. The contract shall be valid for the period on the bond, or for the remaining period on the bond, in case the candidates have already served certain period under the bond.11. On completion of the bond service, the Directorate of Medical Education will release the original certificates to the students.12.On successful completion of the bond period, the Director of Medical Education or the Dean of the Hospital where the candidates have worked, shall give an experience certificate. The certificate shall Page No.16 of 21 https://www.mhc.tn.gov.in/judis W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 2025mention the area and scope of work and the performance of the candidates.13. In case, the Directorate of Medical Education does not issue posting orders within a period of four months from the date of reporting, the bond will be deemed to have been discharged and the Directorate of Medical Education shall issue the educational qualification certificates forthwith.7. The Review Applications and the Writ Proceedings are disposed of accordingly. Consequently, the connected Miscellaneous Petitions, if any, stands closed. 23.05.2025gd/vmIndex:Yes/NoSpeaking Order:Yes/NoNeutral Citation:Yes/NoPage No.17 of 21 https://www.mhc.tn.gov.in/judis W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 2025To:1.The Principal Secretary to Government, Department of Health & Family Welfare, Secretariat, Chennai – 600 009.2.The Director, The Directorate of Medical Education and Research, Kilpauk, Chennai – 600 010.3.The Dean, Thanjavur Medical College and Hospital, Thanjavur, Tamil Nadu. 4.The Dean, Madras Medical College, Near Park Town Station, Ponnamallee High Road, Park Town, Chennai – 600 003.5.The Dean, Stanely Medical College and Hospital, Chennai.6.The Dean, Omandurar Government Medical College and Hospital, Chennai.7.The Dean, KAP Viswanathan Government Medical College and Hospital, Tiruchirapalli.Page No.18 of 21 https://www.mhc.tn.gov.in/judis W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 20258.The Dean, Villupuram Medical College, Villupuram District, Villupuram.9.The Dean, Erode Government Head Quarters College and Hospital, Erode.10.The Dean, Tirunelveli Medical College, Tirunelveli.11.The Dean, Madurai Medical College, Madurai. 12.The Dean, Government Mohan Kumaramangalam Medical College Hospital (GMKMCH), Salem – 636 001.13.The Dean, Chengalpattu Medical College, GST Road, Chengalpattu, Kancheepuram – 01.14.The Dean, Government Thiruvannamalai Medical College and Hospital, Thiruvannamalai – 606 603.15.The Dean, Government Dharmapuri Medical College, Dharmapur – 636 701. Page No.19 of 21 https://www.mhc.tn.gov.in/judis W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 202516.The Dean, Thoothukudi Government Medical College and Hospital, Thoothukudi.17.The Dean, Coimbatore Medical College, Avanishi Road, Coimbatore.18.The Dean, Thanjavur Government Medical College and Hospital, Thanjavur.Page No.20 of 21 https://www.mhc.tn.gov.in/judis W.P.Nos.18342 & 18874 of 2025 and Rev.Aplw.Nos.146 to 148 of 2025V.LAKSHMINARAYANAN, J.gd/vmW.P.Nos.18342 & 18874 of 2025and Rev.Aplw.Nos.146 to 148 of 202523.05.2025Page No.21 of 21