Disposed

Dr.C.M.Bavithiran v. the State of Tamil Nadu

Madras HC21 Mar 2024WP/6902/2024

Case brief

AI extract

What is this about?

Three postgraduate doctors sought release from compulsory bond service, claiming Covid-19 duty sufficed. Court issued mandamus to the Director of Medical Education to consider representations in light of prevailing Government Orders within three weeks of a personal hearing.

What did the court decide?

Mandamus to R2 to hear petitioners and decide representations per Government Orders; no substantive relief granted.

Dr.C.M.Bavithiran Vs the State of Tamil Nadu — Service and Employment | Madras HC (2024)

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W.P.Nos.6902, 6904 and 6906 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.03.2024

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CORAM

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THE HONOURABLE DR.JUSTICE ANITA SUMANTH

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W.P.Nos.6902, 6904 and 6906 of 2024

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Dr.C.M.Bavithiran

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.... Petitioner in W.P.No.6902 of 2024

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Dr.K.Deepakraja

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.... Petitioner in W.P.No.6904 of 2024

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Dr.T.Abdul Muhaimin

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.... Petitioner in W.P.No.6906 of 2024

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1.The State of Tamil Nadu Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai - 600 009.

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2.Directorate of Medical Education and Research, Represented by the Director of Medical Education and Research, Kilpauk, Chennai - 600 010.

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3.Directorate of Public Health and Preventive Medicine, Represented by its Director of Public Health and Preventive Medicine,

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359, Anna Salai, Chennai - 600 006.

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Tamil Nadu Medical Services Corporation Limited represented by its Chairman,

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No.417, Pantheon Road, Egmore, Chennai – 600 008.

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

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W.P.Nos.6902, 6904 and 6906 of 2024

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5. Tirunelveli Medical College, Represented by its Dean Highground, Tirunelveli – 627 011.

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.... Respondents in the above

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W.Ps.

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Government Hospital, Represented by Joint Director of Health Service, Manamadurai, Sivaganga – 630 606.

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.... Respondent in W.P.No.6902 of 2024

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Government Primary Hospital Centre, Represented by its Joint Director of Health Service, Athani, Erode.

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.... Respondent in W.P.No.6904 of 2024

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Government Medical College, Represented by its Dean, Tiruppur.

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.... Respondent in W.P.No.6906 of 2024

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Common Prayer: Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing R1 to R6 to treat the petitioners' two-year compulsory bond period as completed in line with the service rendered during the Covid-19 period and to consequently relieve the petitioners from the bonded service in the 6^th respondent hospital and also to direct the 1^st and 5^th respondents to return the Petitioners' original certificates and documents collected by the 1^st and 5^th respondents while admitting the petitioners to the post graduate degree course along with their post Graduate degree certificates.

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

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W.P.Nos.6902, 6904 and 6906 of 2024

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In all W.Ps. For Petitioner : Mr.M.G.Pranavacharan For Respondents : Mr.M.Bindran Additional Government Pleader

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C O M M O N O R D E R

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Mr.M.Bindran, learned Additional Government Pleader accepts

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notice for the respondents and is armed with instructions to enable final disposal of these Writ Petitions, even at the stage of admission.

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The prayer of the petitioners is to release them from compulsory

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bond, and return of original certificates as, according to the petitioners, the services rendered by them during covid period would more than suffice to enable the prayer sought. The petitioners have produced covid duty certificates in support of their submission as aforesaid. In addition, the petitioners rely on a series of Government orders.

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Since the petitioners have made the same request as made

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before this Court by way of representations dated 22.01.2024 (Dr.C.M.Bavithiran – sent through registered post), 13.03.2024 (Dr.K.Deepakraja - sent through registered post) and 14.03.2024 (Dr.Abdul Muhaimin.T- sent through e-mail), Mr.Bindran, would agree

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that the Director of Medical Education/R2 will consider the

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

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W.P.Nos.6902, 6904 and 6906 of 2024

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representations and pass orders expeditiously.

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Hence, mandamus is issued to R2 to consider the representations

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of the petitioners in light of the prevailing Government Orders as applicable to the candidates. For this purpose, the petitioners shall appear before R2 on any working day between 25.03.2024 and 12.04.2024 between working hours without awaiting any further notice in this regard.

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R2 shall give audience to the petitioners, hear them and pass orders on their representation in accordance with law and all prevailing Government Orders, within a period of three (3) weeks from date of their personal hearing.

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These Writ Petitions are disposed as above. No costs.

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21.03.2024

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Index:Yes/No Speaking order Neutral Citation:Yes sl

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1.The State of Tamil Nadu Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai - 600 009.

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

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W.P.Nos.6902, 6904 and 6906 of 2024

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2.Directorate of Medical Education and Research, Represented by the Director of Medical Education and Research, Kilpauk, Chennai - 600 010.

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3.Directorate of Public Health and Preventive Medicine, Represented by its Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai - 600 006.

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Tamil Nadu Medical Services Corporation Limited represented by its Chairman, No.417, Pantheon Road, Egmore, Chennai – 600 008.

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Tirunelveli Medical College, Represented by its Dean Highground, Tirunelveli – 627 011.

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Government Hospital, Represented by Joint Director of Health Service, Manamadurai, Sivaganga – 630 606.

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Government Primary Hospital Centre, Represented by its Joint Director of Health Service, Athani, Erode.

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Government Medical College, Represented by its Dean, Tiruppur.

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

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W.P.Nos.6902, 6904 and 6906 of 2024

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Dr.ANITA SUMANTH,J.

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W.P.Nos.6902, 6904 and 6906 of 2024

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21.03.2023

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

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Dr.C.M.Bavithiran v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Dr.C.M.Bavithiran v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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