WP/40859/2026 of Dr.Srigireesh AR Vs The State of Tamil nadu on 12 October 2026

ORDER

The writ petition is filed seeking a mandamus to the respondents 2 and 4 to consider the petitioner's representation dated 11.03.2025 submitted to the fourth respondent with reference to release of the original certificates submitted by the petitioner.

2. The petitioner who is a Non-service candidate was admitted in the fourth respondent College for Post Graduation in M.Ch., Plastic Surgery in the year 2018. He would submit that as a compulsory pre-condition, he had executed a service bond and had deposited his original certificates and documents with the fourth respondent College. He would submit that he had completed his course in the year 2021, and thereafter awaited for a posting order as per the bond. Though a posting order was issued, it was subsequently revoked and no further posting was provided on the ground that PG candidates had demanded priority in positing over the non-service candidates. He would submit that the bond period for Non-service Post Graduates (Degree/Diploma)

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who have completed their Post Graduate Courses in the year 2022 was reduced from two years to one year vide G.O.(Ms.)No.17, Health and Family Welfare (MCA-1) Department, dated 11.01.2024. The petitioner would contend that even after the said G.O., came into force, the respondent authority had neither provided a posting nor returned the original certificates to the petitioner, and thereby preventing the petitioner to secure employment elsewhere. Therefore, the petitioner had approached the fourth respondent on several occasions for return of his original documents including by way of representation dated 11.03.2025. Since there is no response to date, the petitioner was compelled to approach this Court by filing the present writ petition.

3. The learned Government Advocate appearing for the respondents would then place reliance on G.O.Ms.No.167, Health and Family Welfare (MCA-1) Department, dated 24.06.2026, which reads as under: "5. The Government, after careful examination, accept the proposal of the Director of Medical Education and Research. Accordingly, the Government accord permission to the Director of Medical Education and Research to return, through the respective Deans and Heads of Institutions concerned, the original certificates submitted at the time of admission by the Non Service Post Graduates who have not been provided with bond postings for more than six months from the date of completion of their course, subject to the following conditions:- (i) the bond executed by each such Non Service Post Graduate shall continue to remain in force for a period

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of two years from the date of completion of his/her course, and the Government shall be entitled to call upon him/her for bond service, on need basis, at any time within that period; (ii) before the original certificates are returned, each such Non Service Post Graduate shall furnish an undertaking, in the form to be prescribed by the Director of Medical Education and Research, that, notwithstanding the return of the certificates, he/she shall continue to be bound by the bond, to the extent it remains in force under clause (i) above, and shall, as and when called upon by the Government within that period, serve the Government of Tamil Nadu for a period of not less than two years of bond service; and"

4. From a reading of the above G.O., it would be clear that the condition which mandates for return of the original certificates, subject to an undertaking being given, would apply only to those cases where the return is sought for during the subsistence of the bond period. In cases where the bond period is already over, the insistence of an undertaking even in terms of G.O.Ms.No.167, may not be permissible.

5. In view thereof, the fourth respondent College is directed to return the original certificates / documents to petitioner within a period of two (2) weeks from the date of uploading of web copy without waiting for receipt of certified copy of the order.

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6. With the above directions, the writ petition is disposed of. No costs. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DS To:

1. The Principal Secretary State of Tamil Nadu Health and Family Welfare department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Deputy Director of Medical Education Directorate of Medical Examination Kilpauk, Chennai - 600 010.

3. The Registrar The Tamil Nadu Dr.MGR Medical University 69, Anna Salai, Guindy, Chennai - 600 032.

4. The Dean Stanley Medical College Chennai - 600 001.

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P.T.ASHA J. DS WP No. 40859 of 2026 12-10-2026