Dr. Manisha Alapati, Vs the State of Tamilnadu

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus to call for the orders passed by the 3^rd respondent under R.No.10305312/E5/A4/2025-404, dated 08.05.2025 and to quash the same as unconstitutional and further direct the respondents 1 and 2 to direct the 4^th respondent to return the (1) Original 12^th 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 petitioner retained by the 4^th respondent regarding the PostGraduation Courses of the petitioner respectively.

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WP. No. 29154 of 2025:

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Dr.Kaviya P.S ... Petitioner ..Vs..

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

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2.Directorate of Medical Education, Represented by the Deputy Director of Medical Education, Kilpauk, Chennai – 600 010.

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3.The Director, Public Health and Preventive Medicine, Chennai – 600 006.

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4.The Dean,

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The Tamil Nadu Dr.M.G.R.Medical University, Chennai.

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... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus to call for the orders passed 2/11

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

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W.P Nos.29152 & 29154 of 2025

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by the 3^rd respondent under R.No.10305312/E5/A4/2025-407, dated 08.05.2025 and to quash the same as unconstitutional and further direct the respondents 1 and 2 to direct the 4^th respondent to return the (1) Original 12^th 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 petitioner retained by the 4^th respondent regarding the PostGraduation Courses of the petitioner respectively.

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For Petitioner in both WPs : Mr.K.R.Laxman

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For Respondent in both WPs : Mr.K.Tippu Sultan, Government Advocate

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COMMON ORDER

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The instant writ petitions have been filed for the prayer to quash the

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orders under R.No.10305312/E5/A4/2025-404 and

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R.No.10305312/E5/A4/2025-407, respectively, dated 08.05.2025 passed by the 3^rd respondent.

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The learned counsel for the petitioners submitted that though the

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petitioners were issued a posting orders dated 08.05.2025 in accordance with the bond conditions upon completion of post graduation, the petitioners have appeared for NEET 2025 for admission to Super Specialty courses. It is submitted that there is a strong likelihood that the petitioners being allotted a seat in a Super Specialty course. Therefore, the present writ petitions have

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W.P Nos.29152 & 29154 of 2025

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been filed seeking the return of the original certificates, which are necessary for securing admission to the Super Specialty course.

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At this juncture, the learned Government Advocate fairly submitted that the issue involved in the present writ petitions are no longer res integra in view of the order passed in the Review Application in Nos.146 to 148 of 2025 in W.P.Nos.18342 & 18874 of 2025 dated 23.05.2025. For ready reference this Court deems it appropriate to extract paragraph 6:

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“6.After hearing extensive arguments from Ms.Sneha, learned Special Counsel for Health Department appearing for the Review Petitioners, Mr.L.R.Laxman and Mr.Sivaraman, learned counsel appearing for the respective Doctors, by consent, the following orders have been passed:

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1.The petitioners shall produce the allotment letters before the Deans of the Medical Colleges, in which they underwent their post graduate medical education.

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2.On production of their allotment letters, the respective Deans shall issue a certified copy of their certificates.

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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.

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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

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W.P Nos.29152 & 29154 of 2025

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to the respective Universities/Deemed to be Universities/NBEMS for registration.

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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.

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6.The Directorate of Medical Education shall ensure

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that the certificates are retained safely.

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7.On completion of their super specialty 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.

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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.

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9.The Directorate of Medical Education shall issue posing orders to the students commensurate with their educational qualification.

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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 of the bond, in case the candidates have already served certain period under the bond.

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11.On completion of the bond service, the Directorate of Medical Education will release the original certificates to the students.

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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 mention the area and scope of work and the performance of the candidates.

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W.P Nos.29152 & 29154 of 2025

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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.”

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I have given my anxious consideration to either side submissions and also perused the materials available on record.

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In view of the above, since the petitioners are also a similarly placed persons, the petitioners are also entitled to the benefits extended under the aforesaid order dated 23.05.2025 in Review Application in Nos.146 to 148 of 2025 in W.P.Nos.18342 & 18874 of 2025. Therefore, the present writ petitions are also disposed of with the following conditions:

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1.The petitioners shall produce the allotment letters before the Deans of the Medical Colleges, in which they underwent their post graduate medical education.

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2.On production of their allotment letters, the respective Deans shall issue a certified copy of their certificates.

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3.On the basis of the certified copies that have been issued, and together with their allotment letters, the students

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W.P Nos.29152 & 29154 of 2025

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will be entitled to join the educational institutions, which has been allotted to them in the NEET Super Specialty Counseling.

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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.

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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.

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6.The Directorate of Medical Education shall ensure that the certificates are retained safely.

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7.On completion of their Super Specialty 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.

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8.The Directorate of Medical Education shall issue posting orders to the students within a period of four months

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W.P Nos.29152 & 29154 of 2025

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from the date of such reporting.

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9.The Directorate of Medical Education shall issue posing orders to the students commensurate with their educational qualification.

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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 of the bond, in case the candidates have already served certain period under the bond.

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11.On completion of the bond service, the Directorate of Medical Education will release the original certificates to the students.

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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 mention the area and scope of work and the performance of the candidates.

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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.”

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W.P Nos.29152 & 29154 of 2025

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In view of the above directions, this Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions stand closed. However, it is made clear that if in case the petitioners are not allotted with any seats, then the petitioners shall report before the respondents so as to comply the impugned posting orders within two (2) weeks from the date of non-selection.

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04.08.2025

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ssi Index : Yes Speaking Order : Yes /No Neutral Citation Case: Yes/No

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To:

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

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2.the Deputy Director of Medical Education,

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