WP/38943/2026 of JISHNU J Vs THE STATE OF TAMIL NADU on 1 October 2026

ORDER

The relief sought in this writ petition is to direct the 4th and 5th respondents to forthwith return all original certificates of the petitioner that were submitted by him at the time of his admission to Post Graduate Super Speciality Degree courses in D.M. Medical Gastroenterology in the 5th respondent college.

2. The petitioner, a Non-Service Post Graduate Super Speciality candidate, completed his D.M. Medical Gastroenterology course in February 2025 from the 5th respondent College. At the time of admission, he executed a bond undertaking to serve the Government for a period of two years and handed over his original certificates with the 5th respondent.

3. Pursuant to the counselling conducted by the 4th respondent, the petitioner was allotted a temporary posting as Assistant Surgeon in Medical

Gastroenterology at the 6th respondent Government Medical College and Hospital, by order dated 11.04.2025. Thereafter, he reported for duty pursuant to the said order. However, he was informed that there was no sanctioned post available and, consequently, he could not join duty. Hence this writ petition.

4. Learned counsel for the petitioner submitted that the petitioner is always ready and willing to comply with the bond condition and that his inability to render service was solely on account of the non-availability of the post. She further submitted that several requests have been made by the petitioner, however, no fresh posting order was provided. Relying upon G.O.Ms.No.167, Health and Family Welfare Department, dated 24.06.2026, she submitted that as per the said G.O., posting orders have to be given within a period of six months from completion of the course, whereas the same has not been done so. In view of the above, she prayed for issuance of appropriate directions to the respondents 4 and 5 to return the original certificates of the petitioner for no fault of him.

5. Learned Special Government Pleader appearing for the respondents submitted that the petitioner was allotted a posting pursuant to the counselling He further submitted that the petitioner is bound by the terms and conditions of the bond executed by him. However, he submitted that the request of the petitioner seeking return of the original certificates will be considered by the 5th respondent in the light of the said Government Order and in accordance with law.

6. Heard the submissions made by learned counsel on both sides and perused the materials placed on record.

7. It is not in dispute that a posting order dated 11.04.2025 was issued to the petitioner. However, according to the petitioner, when he reported for duty, he was informed that no sanctioned post was available and, therefore, he could not join duty. If that be so, the petitioner cannot be said to have deliberately failed to comply with the bond condition. The failure to provide an effective posting cannot be attributed to the petitioner, particularly when the petitioner asserts that he has been ready and willing to render his service.

8. Having regard to the above circumstances and considering the limited relief sought for, this Court is of the view that the petitioner is entitled to the return of the original certificates, subject to the applicable conditions of the Government Order and the bond executed by him. Accordingly, the 5th respondent is directed to return all the original certificates/documents submitted by the petitioner at the time of admission to the D.M. Medical Gastroenterology course. Further, the petitioner is entitled to receive the Transfer Certificate and any other original certificate or document retained by the institution. The said exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order.

9. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VSI-2

KRISHNAN RAMASAMY, J. VSI-2

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

2. The Directorate of Public Health and Preventive Medicine Anna Salai, Teynampet, Chennai 600 086.

3. The Director of Medical and Rural Health Services Anna Salai, Chennai 600 006.

4. Directorate of Medical Education Kilpauk, Chennai 600 010

5. The Dean Government Tirunelveli Medical College, Tirunelveli 627 011.

6. The Dean Government Thiruvannamalai Medical College, Thiruvannamalai 606 604

and W.M.P. No.43700 of 2026 01-10-2026