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2026 DAILYLAW 80146 (MAD)

DR.S.KAVYA v. THE STATE OF TAMILNADU

WP/49897/2025 · 2026-01-02

D Bharatha Chakravarthy

Transfer Petitionbody2026

Judgment text

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WP No. 49897 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-01-2026 CORAM THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY WP No. 49897 of 2025 Dr.S.Kavya Petitioner Vs 1. The State of Tamilnadu. Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai-9. 2.Directorate of Medical Education, Represented by the Director of Medical Education, Kilpauk, Chennai-10. 3.Directorate of Medical and Rural Health Services, Represented by the Director of Medical Health and Rural Health Services, No.359, Anna Salai, Chennai-06. 4.Directorate of Public Health and Preventive Medicine, Represented by the Director of Public Health and Preventive Medicine, No.359, Anna Salai, Chennai-6. 5.Government Tirunelveli Medical College, Represented by its Dean, Tirunelveli-627 011. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned posting order issued by the fourth respondent vide R.No.3418534/E7/A1/2022-365 dated 09.06.2023 and quash the same and https://www.mhc.tn.gov.in/judis WP No. 49897 of 2025 consequently direct the second to fourth respondents to treat the petitioner’s bond period as completed and further to direct the fifth respondent to return the petitioner’s original certificates and documents collected during the petitioner’s Post Graduate admission along with petitioner’s Post-Graduate degree certificate, Transfer certificate and conduct certificate. For Petitioner: Ms. K.Dhivyashree For Respondents: Mr.E.Sundaram Government Advocate ORDER The prayer in the writ petition is for a certiorarified mandamus, calling for the records in respect of the impugned order in R.No.3418534/E7/A1/2022- 365 dated 09.06.2023 and to consequently direct the second to fourth respondents to treat the petitioner’s bond period as completed and further to direct the fifth respondent to return her original certificates and documents collected during post graduate admission along with her postgraduate degree certificate. 2. Upon hearing the learned counsel for the petitioner and perusing the other papers filed in support of the writ petition, it can be seen that by G.O. (Ms).No.17 dated 11.01.2024, the bond period of all these non-service postgraduate candidates was reduced from two years to one year. In this case, it can be seen that within the reduced bond period of one year, no order directing the petitioner to join duty was served on the petitioner. https://www.mhc.tn.gov.in/judis WP No. 49897 of 2025 3. In view thereof, since the law in this regard has since been settled by the Honourable Division Bench of this Court that unless and until the duty order is served within the bond period, thereafter there will not be any justification for the respondents to withhold the certificates or require the petitioner to complete the bond service. 4. The learned Government Advocate taking notice on behalf of the respondents seeks further time to file a formal counter in this matter. 5. The facts as stated above, that no posting order was issued to the petitioner within the bond period, could not be disputed by him and therefore the matter is disposed of today at the admission stage itself. 6. In view of the above findings, this writ petition is allowed as prayed for. The authorities are directed to act on the web copy of the order without waiting for the certified copy of the order. No costs. 02-01-2026 Neutral Citation:Yes/No nsl https://www.mhc.tn.gov.in/judis WP No. 49897 of 2025 To 1. The Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai-9. 2.The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai-10. 3.The Director of Medical and Rural Health Services, Directorate of Medical Health and Rural Health Services, No.359, Anna Salai, Chennai-06. 4.The Director of Public Health and Preventive Medicine, Directorate of Public Health and Preventive Medicine, No.359, Anna Salai, Chennai-6. 5.The Dean, Government Tirunelveli Medical College, Tirunelveli-627 011. https://www.mhc.tn.gov.in/judis WP No. 49897 of 2025 D.BHARATHA CHAKRAVARTHY, J. nsl WP No. 49897 of 2025 02-01-2026 https://www.mhc.tn.gov.in/judis