A medical doctor sought mandamus to treat her PG bond period as completed based on claimed covid duty and return of original certificates. The court found her actual covid duty was only 26 days per the duty roster, deprecated the improperly issued certificate, and dismissed the writ petition.
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2024:MHC:2800
W.P.No.16932 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 15.07.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.16932 of 2024
Dr.Gayathri K
.... Petitioner
vs
.... Respondents
W.P.No.16932 of 2024
PRAYER: 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 one-year bond period as completed and to consequently relieve her from her bonded service in the Government Headquarters Hospital, Walajahpet, Ranipet District and to direct the 5th Respondent to return her original certificates and documents collected during her Post-Graduate admission along with her Post-Graduate degree certificate, Transfer certificate and conduct certificate, within a time limit to be stipulated by this Hon'ble Court.
For Petitioner : Ms.K.Dhivyashree For Respondents : Mr.K.Tippu Sultan Government Advocate
ORDER
Heard Ms.K.Dhivyashree, learned counsel for the petitioner and
Mr.K.Tippu Sultan, learned Government Advocate for the respondents.
College and Hospital in the year 2019. In 2020, she joined MS Obsterics and Gynaecology in Madras Medical College/R5. According to her, at that time,
W.P.No.16932 of 2024
apart from execution of bond for a sum of Rs.40 lakhs, undertaking that she would serve the State for a period of two years after completion of her post graduate course, she submitted all her original certificates including 12th standard mark sheet, community certificate and other documents.
W.P.No.16932 of 2024
that the petitioner has rendered covid duty for 26 days only as per the duty roster, tabulated as follows:
| S.No. | Covid Dut | y Periods | Total Days | Quarantine Days |
|---|---|---|---|---|
| Commencement | Completion | |||
| 1 | 28.07.2020 | 31.07.2020 | 4 days | 8 days |
| 2 | 10.09.2020 | 16.09.2020 | 7 days | 7 days |
| 3 | Quarantine days | 15 days |
30.04.2022 have been issued to the post graduate students only for the purpose of applying for MRB. On that point, the first Bench in W.P.Nos.25827, 25785 and 27568 of 2023, decided on 16.11.2023, has settled the position that, both for the purpose of Under Graduate (UG) as well as Post Graduate (PG) medical education, the duties performed during covid period/treating covid patients should be treated as eligible duty.
W.P.No.16932 of 2024
15.07.2024
Index : Yes/No Speaking Order:Yes Neutral Citation:Yes sl
To
DR.ANITA SUMANTH, J.
sl
W.P.No.16932 of 2024
Kilpauk, Chennai - 600 010.
W.P.No.16932 of 2024
15.07.2024
1 issue framed by the court
Whether the petitioner's covid duty period should count towards her one-year post-graduate bond service, entitling her to release and return of certificates.
Colour shows how this judgement treated each authority
W.P.Nos.25827, 25785 and 27568 of 2023Referred¶9
1 provisions across 1 enactments
Dr. Gayathri K
The State of Tamil Nadu represented by its Principal Secretary, Health and Family Welfare Department
Directorate of Medical Education
Directorate of Medical and Rural Health Services
Directorate of Public Health and Preventive Medicine
Government Madras Medical College
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
