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Madras High Court · body

2016 DIGILAW 2044 (MAD)

J. Avathy v. Directorate of Medical Education

2016-06-29

T.RAJA

body2016
ORDER : The petitioners filed separate writ petitions, seeking a direction to the second and third respondents to issue all the original certificates that they have submitted before the second and third respondents at the time of admission. 2. Heard both sides and perused the materials available on record. 3. The petitioners having completed M.B.B.S. Course in University of Kerala in the Academic year 2005-2011, 2007-2013 and 2005-2011 respectively, did their internship in Medical College at Tiruvananthapuram and obtained necessary certificates on 24.02.2012, 05.12.2013 and 02.01.2012 respectively, and thereafter they have obtained the Faculty of Medicine on 30.05.2012, 11.04.2014 and 26.09.2012 respectively. They registered their names as doctors and thereafter they have applied for their Post Graduate Courses in separate majors, viz., Diploma in Child Health (DCH), MD General Medicine and Ophthalmology, in Madurai Medical College, Madurai in the year 2014, 2015 and 2014 respectively. Subsequently, they have selected finally and got admission on merits. At the time of admission, they submitted all their original certificates including 10th standard Mark Sheet, MBBS registration certificates, MBBS Degree Certificates, CRRI completion certificates and MBBS Mark Lists (1st, 2nd, final year part 1 &2) and they have also executed a bond for a sum of Rs.10,00,000/-(Rupees ten lakhs only) in favour of the second and third respondent as security. 4. In the meanwhile, they have applied for the post of Assistant Surgeon in Kerala Public Service Commission on 26.12.2014, 07.01.2015 and 26.12.2014 respectively. They received their hall tickets and attended their written examination on 25.04.2015. Later on, the result was also published in online and they are short listed and included in the main list. Now, Kerala Pubic Service Commission called them for One Time verification on 20th June, 2016, 21st June, 2016 and 28th June, 2016 respectively. The main purpose for the said verification is to verify their original certificates to test the genuineness of the original certificates. Therefore, the petitioners requested the second and third respondents to furnish the said certificates temporarily for two weeks, to show the same before Kerala Public Service Commission authorities. But the second and third respondents refused their request. Aggrieved over the same, the petitioners are before this Court. 5. In two prior occasions, Mr.R.Anandharaj, learned Government Advocate appearing for the respondents sought time to get instructions. 6. But the second and third respondents refused their request. Aggrieved over the same, the petitioners are before this Court. 5. In two prior occasions, Mr.R.Anandharaj, learned Government Advocate appearing for the respondents sought time to get instructions. 6. Today, Mr.Gokul Prasannan, appeared in person for all the petitioners would submit that, one, Dr.T.R.Arun, studying PG (III year MS ENT) in Govt. Stanley Medical College Hospital at Chennai and one, Ms.Hima Surendran, studying PG (II year M.D Paediatrics) at Govt. Mohan Kumaramangalam Medical College, Salem, were provisionally selected to the post of Assistant Surgeon/Casualty Medical Officer, during the course of their P.G.Degree in the above said Medical Colleges. They have given an affidavit to the concerned authorities of Stanley Medical College, Chennai and Mohan Kumaramangalam Medical College, Salem to give them their original certificates with an undertaking to return all the original documents, viz., MBBS Degree Certificate, TCMC Registration Certificate, MBBS Mark Sheet, SSLC Certificate, XII standard Certificate and Internship Certificates, on or before 25.06.2016 and 30.06.2016 respectively by way of sworn affidavit. 7. On the basis of the said sworn affidavit, they were provided with the required original certificates and they also appeared before the Kerala Public Service Commission and subsequently they returned the same to the College authorities. 8. Therefore, the petitioners also, if permitted to appear before the Kerala Public Service Commission for the post of Assistant Surgeon/Casualty Medical Officer along with the required original certificates, no prejudice will be caused to them. It is also stated that if the petitioners were selected for the post of Assistant Surgeon/Casualty Medical Officer in Kerala Public Service Commission, the Kerala Public Service Commission would also provide three years leave till the completion of the PG Course of the petitioners and to work 2 more years. Therefore, no prejudice will be caused either to the petitioners or to the respondents, in the event of giving direction to provide the above mentioned original certificates to the petitioners, since the similarly placed persons like Dr.T.R.Arun, studying PG (III year MS ENT) in Govt. Stanley Medical College Hospital at Chennai and Ms.Hima Surendran, studying PG (II year M.D Paediatrics) at Govt. Mohan Kumaramangalam Medical College, Salem, have been provided with the MBBS Certificate etc., to enable them to appear for certificate verification before the Kerala Public Service Commission with an undertaking to return the same within one week. 9. Stanley Medical College Hospital at Chennai and Ms.Hima Surendran, studying PG (II year M.D Paediatrics) at Govt. Mohan Kumaramangalam Medical College, Salem, have been provided with the MBBS Certificate etc., to enable them to appear for certificate verification before the Kerala Public Service Commission with an undertaking to return the same within one week. 9. Mr.Gokul Prasannan, Party in person also submitted before me that on successful selection by the Kerala Public Service Commission to the post of Assistant Surgeon, the petitioners will accept the appointments for joining the post only if sufficient time is granted to complete the bond period in P.G degree and also to serve for required number of years and if the Kerala Public Service Commission fails to give sufficient time, so as to comply with the bond period, the petitioners will not accept the offer of appointment. The said statement given by the petitioner in W.P(MD)No.11412 of 2016 on his behalf and on behalf of others is recorded. 10. In the result, the second and third respondents are directed to give the original certificates to the petitioners for only one week from the date of receipt of a copy of this order, enabling them to appear for certificate verification before the Kerala Public Service Commission and the petitioners shall return the same within one week, i.e., on or before 08.07.2016, as stated by them on executing a sworn affidavit. It is made clear that this order shall not be treated as a precedent, in view of the peculiar facts involved herein that the Kerala Public Service Commission has agreed to give them three years time to join in the post of Assistant Surgeon. For compliance, post this matter on 11.07.2016.