Allowed

Dr.S.Ganga v. the State of Tamil Nadu

Madras HC17 Dec 2024WP/2651/2024

Case brief

AI extract

What is this about?

The petitioner, a PG doctor, approached the college for her certificates but was refused citing an unperformed two-year service bond. Relying on a government order, she sought a writ directing the college to treat her bond period as concluded and return her original certificates and documents. The High Court granted the writ, directing the return of certificates.

What did the court decide?

Directing the fifth respondent to return the petitioner's original certificates and documents within two weeks of receipt of a copy of this order.

Dr.S.Ganga Vs the State of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2024)

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Writ Petition No.2651 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 17/12/2024

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C O R A M

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THE HONOURABLE Mr.JUSTICE VIVEK KUMAR SINGH

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Writ Petition No.2651 of 2024

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a n d

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W.M.P.No.2916 of 2024

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a n d

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W.M.P.No.20679 of 2024

Dr.S.Ganga

Petitioner

The State of Tamil Nadu

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rep. By its Principal Secretary

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Health and Family Department

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Secretariat

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Chennai 600 009.

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The Directorate of Medical Education

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rep. By the Director of Medical Education

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Kilpauk

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Chennai 600 010.

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The Directorate of Public Health and

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Preventive Medicine

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rep. by The Director of Public Health and Preventive Medicine No.359 Anna Salai

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Chennai 600 006.

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The Director

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Institute of OBST & Gynecologist Madras Medical College and Hospital

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.2651 of 2024

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Chennai 600 003.

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The Madras Medical College rep. By its Dean Chennai 600 003.

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Government Kasthuri Bai Gandhi Hospital for Women and Children Chepauk, Triplicane Chennai 600 005. ... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India

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praying for the issuance of a writ of mandamus to direct the respondents to treat the petitioner's one year and one month compulsory bond period from her bonded service in Government Medical College, Thiruvallur, in view of G.O.Ms.No.17 dated 11/1/2024 passed by the Government and consequently direct the fifth respondent to return the petitioner's original certificates and documents collected by them while admitting the petitioner to the post graduate degree course along with her post graduate degree certificate.

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For petitioner ... Mr.Suhrith Parthasarathy For respondents ... Mrs.M.Sneha Special Counsel for R.R.1 to 6. - - - - -

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.2651 of 2024

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O R D E R

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This writ petition has been filed to direct the respondents to treat the petitioner's one year and one month compulsory bond period from her bonded service in Government Medical College, Thiruvallur, in view of G.O.Ms.No.17 dated 11/1/2024 passed by the Government and consequently direct the fifth respondent to return the petitioner's original certificates and documents collected by them while admitting the petitioner to the post graduate degree course along with her post graduate degree certificate.

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The facts of the case in brief are as follows:-

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The petitioner is a Post Graduate Doctor, as she has successfully completed the course in Government Medical College, Thiruvallur in November 2022. At the time of joining, apart from the original certificates submitted to the Institution, petitioner has also executed a bond to the effect that after completing PG degree course, she will work in the Government Hospital for a period of two years, which is otherwise called the bond period.

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When the petitioner approached the sixth respondent College,

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https://www.mhc.tn.gov.in/judis

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Page No:3/6

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Writ Petition No.2651 of 2024

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where she completed the PG degree course, to get back the certificates, it was refused to be given by the College on the ground that the petitioner was not worked for 2 years after completion of PG degree. Hence made a representation dated 23/12/2023 to the fourth respondent. Since the same has not been answered, the petitioner has come forward with the instant writ petition praying for the relief as stated therein.

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Heard Mr.Suhrith Parthasarathy, learned counsel for the petitioner

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and Mrs.M.Sneha, learned Special Counsel for the respondents.

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Appreciation for every medical professional should be extended

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not only to those who have completed the courses but also to those who was studying P.G.Course. Taking into consideration the specialised courses, the petitioner could have easily avoided that duty and sought protection on the ground that she is a student. In such a view of the matter, the refusal by the fifth respondent cannot withstand judicial scrutiny.

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Accordingly, petitioner's request for a mandamus directing the

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respondents to treat compulsory bond period as concluding on 22/11/2022 is accepted. Accordingly, fifth respondent is directed, upon completion of

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https://www.mhc.tn.gov.in/judis

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Page No:4/6

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Writ Petition No.2651 of 2024

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bond period on 22/11/2022 to return to the petitioner, her original certificates received at the time of admission to PG course, within a period of two weeks from the date of receipt of a copy of this order.

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With the above direction, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

17/12/2024

mvs.

Index: yes/No

Neutral Citation: Yes/No

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VIVEK KUMAR SINGH,J

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mvs.

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.2651 of 2024

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The Principal Secretary State of Tamil Nadu Health and Family Department Secretariat Chennai 600 009.

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The Director of Medical Education Directorate of Medical Education Kilpauk, Chennai 600 010.

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The Director of Public Health and Preventive Medicine The Directorate of Public Health and Preventive Medicine No.359 Anna Salai Chennai 600 006.

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The Director Institute of OBST & Gynecologist Madras Medical College and Hospital Chennai 600 003.

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The Dean Madras Medical College

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Chennai 600 003.

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Government Kasthuri Bai Gandhi Hospital for Women and Children Chepauk, Triplicane Chennai 600 005.

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W.P.No.2651 of 2024

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17/12/2024

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https://www.mhc.tn.gov.in/judis

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Dr.S.Ganga v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Dr.S.Ganga v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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