The Madurai Bench of the Madras High Court dismissed a writ petition challenging an order requiring the petitioner to adhere to service bond conditions. Relying on a recent Division Bench judgment, the court held the issue is no longer res integra.
No order as to costs; connected miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.23404 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.12.2024
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD)No.23404 of 2017 and
W.M.P.(MD)Nos.19677 and 19678 of 2017
Dr.Alex Mathew ...Petitioner
Vs
Tirunelveli Medical College, Tirunelveli – 11.
The Medical Council of India, Sector-8, Pocket-14, Dwaraka-1, New Delhi – 110 077. ... Respondents
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W.P.(MD)No.23404 of 2017
Prayer:
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the fourth respondent in his proceedings No: Ref No: 2859/ME3/2017 dated 05.12.2017, quash the same, consequently direct the respondents to declare the bond executed by the petitioner is invalid and return the same to the petitioner, in the light of the judgment in W.P.No.12923/2008 dated 12.12.2008.
For Petitioner : Mr.S.M.Mohan Gandhi
For R-1 to R-4 : Mr.V.Om Prakash Government Advocate
For R-5 : M/s.Shubharanjani Ananth
O R D E R
Heard the learned counsels on either side.
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W.P.(MD)No.23404 of 2017
Government Advocate appearing for the respondents 1 to 4 relying upon the judgments of the Division Bench of this Court made in W.A.No.2796 and 2801 of 2024 dated 20.11.2024 had submitted that the said issue is no longer res integra, as Division Bench of this Court has held that the petitioners (Doctors) who were directed to adhere to the bond conditions have to serve compulsorily in the Government Medical Colleges and Hospitals as per the appointment order for the specified period.
it is squarely applicable to the facts of the present case.
Court stated supra , the Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
17.12.2024
NCC:yes/no Index:yes/no Internet:yes/no Nsr
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W.P.(MD)No.23404 of 2017
To:
1.The Secretary, The State of Tamil Nadu, Health and Family Welfare Department, Fort St.George, Chennai – 09.
4.The Dean, Tirunelveli Medical College, Tirunelveli – 11.
5.The President, The Medical Council of India, Sector-8, Pocket-14, Dwaraka-1, New Delhi – 110 077.
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W.P.(MD)No.23404 of 2017
K.KUMARESH BABU, J.
Nsr
W.P.(MD)No.23404 of 2017
17.12.2024
1 issue framed by the court
Whether the bond conditions regarding compulsory service in Government Medical Colleges remain enforceable after the Division Bench judgment in W.A.No.2796 and 2801 of 2024.
Dr. Alex Mathew
The State of Tamil Nadu
The Director of Medical Education
The Director of Public Health and Preventive Medicine
The Dean, Tirunelveli Medical College
The President, The Medical Council of India
K. Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
