Judgment :- Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 2. The brief facts of the case are as follows: The petitioner was selected by the Tamil Nadu Public Service Commission for the post of Assistant Surgeon, during the month of August, 1997. Pursuant to the said selection, on 211. 1997, the Director of Public Health and Preventive Medicine had directed the petitioner to join duty as a Medical Officer, at Vellalore Primary Health Centre, Madurai District. Accordingly, the petitioner had joined the duty, on 112. 1997. After she had served as a Medical Officer in the Primary Health Centre, for more than two years, she was selected for the post Graduate course, (M.S. General Surgery) in Madurai Medical College. 3. At the time of appointment of the petitioner to the post of Assistant Surgeon, she was undergoing the Post Graduate course in D.G.O., in Madurai Medical College. She had completed 80% of the attendance in the D.G.O. Post graduate course. The petitioner had written the examinations for the post graduate course, in the month of October, 1998, and she had passed the said examinations. On 112. 1997, the petitioner had made a representation to the first respondent stating that she had completed 80% of the attendance and that it was sufficient for writing the post graduate examinations and that she should be relieved from the Medical College. Without passing any orders on the request of the petitioner, the first respondent had passed the impugned order, dated 11. 2001, directing the petitioner to repay the entire amount of stipend drawn during the period when she was doing the post graduate course. 4. In the reply affidavit filed on behalf of the respondents, it has been stated that the petitioner had been selected to undergo the post graduate diploma course in Obstetrics & Gynaecology, at Madurai Medical College, under the State Quota, as a non-service candidate, for the academic session 1996-97. The petitioner had joined the course at Madurai Medical College, on 4. 1996, and the normal date of completion of the course was 33. 1998. The petitioner had also registered her name for doing the post graduate D.G.O. course, for the academic session 1996-97, at the Tamil Nadu Dr.M.G.R. Medical University, Chennai. The petitioner had joined the course at Madurai Medical College, on 4. 1996, and the normal date of completion of the course was 33. 1998. The petitioner had also registered her name for doing the post graduate D.G.O. course, for the academic session 1996-97, at the Tamil Nadu Dr.M.G.R. Medical University, Chennai. She was directed to write the examinations, i.e., D.G.O. Part I in the month of April, 1997 and part II in the month of April, 1998, with registration No.34961101. 5. The petitioner wasgranted a post graduate stipend of Rs.1600/- per month, from 4. 1996 to 37. 1997 and Rs.2, 500/-per month, from 8. 1997 to 33. 1998, as per the bond of agreement executed by her. As per the letter No.907/COEVII(1)/98, dated 14. 1998, issued by the Vice-Chancellor, the Tamil Nadu Dr.M.G.R. Medical University, the petitioner was one of the eight post graduate diploma candidates, who were not permitted to write the final year examinations, held in the month of April, 1998, for want of completion of their respective courses, as they had left the courses to join the Tamil Nadu Medical service, without getting the proper relieving orders from the Dean, Madurai Medical College, Madurai. In such circumstances, the order, dated 11. 2001, in Ref.27578/ME-5/97, had been issued by the first respondent to recover the amount of Rs.1, 600/- paid as stipend to the petitioner, per month, from 4. 1996 to 37. 1997 and an amount of Rs.2, 500/-paid as stipend, per month, from 8. 1997 to 112. 1997. 6. The learned counsel appearing for the petitioner had contended that the petitioner had completed the D.G.O. course, as per the letter, dated 111. 1998, issued by the first respondent. The caution deposit has also been returned to the petitioner, after she had completed the D.G.O. course. The petitioner had written the examinations in the month of October, 1998, as she had 80% of the attendance required to write the examinations. The petitioner was directed by the Director of Public Health and Preventive Medicine to join as a Medical Officer at Vellalore Primary Health Centre, at Madurai District. Therefore, she had joined duty, on 112. 1997. In such circumstances, it cannot be said that the petitioner had not completed the post graduate course in D.G.O, as stated in the impugned order of the first respondent, dated 11. 2001. 7. Therefore, she had joined duty, on 112. 1997. In such circumstances, it cannot be said that the petitioner had not completed the post graduate course in D.G.O, as stated in the impugned order of the first respondent, dated 11. 2001. 7. Per contra, the learned Additional Government Pleader, appearing for the respondents, had submitted that as per the regulations of the Dr.M.G.R. Medical University, Chennai, a post graduate student cannot apply to the College Administration for being relieved from the post graduate course before completion of the said course, merely on the ground that the candidate had obtained 80% of the attendance and that it is sufficient to appear for the University examinations. The completion of 80% of the attendance does not mean that the candidate had completed the post graduate course. The refund of the caution money deposit cannot be taken to mean that the candidate had completed the post graduate course. The petitioner was not permitted by the University to write the D.G.O. Part II examinations, in the month of April, 1998. Although she was permitted to write the University examinations, in the month of October, 1998, after completion of the period of the course, the petitioner is liable to refund the amount, paid as stipend, as stated in the order passed by the first respondent, on 11. 2001. 8. In view of the submissions made by the learned counsel appearing for the petitioner, as well as the learned Additional Government Pleader appearing for the respondents and on a perusal of the records available, it is seen that the petitioner had completed the post graduate course in the month of October, 1998, after she had written the final examinations. 9. It is also seen that the caution money deposit had also been refunded to the petitioner on the completion of her course. Further, from the letter of the first respondent, dated 19. 1998, it is clear that the petitioner had sufficient attendance to appear for the examinations, held in the month of October, 1998. A certificate of attendance had also been issued by a Professor of the Department of Obstetrics & Gynaecology, Madurai Medical College, Madurai on 19. 1998, showing that the petitioner had 80% of attendance during the course, from the month of April, 1996, to in the month of March, 1998. A certificate of attendance had also been issued by a Professor of the Department of Obstetrics & Gynaecology, Madurai Medical College, Madurai on 19. 1998, showing that the petitioner had 80% of attendance during the course, from the month of April, 1996, to in the month of March, 1998. In such circumstances, it cannot be said that the petitioner had not completed the post graduate diploma course in Obstetrics & Gynaecology at Madurai Medical College, as stated by the first respondent, in his impugned order, dated 11. 2001. As such, it would not be open to the first respondent to direct refund of the amounts paid as stipend, for the period from 4. 1996 to 112. 1997. Therefore, the impugned order of the first respondent, dated 11. 2001 is set aside. Accordingly, the writ petition stands allowed. No costs.