Retention of original records of PG students challenged

By Express News Service | Published: 06th August 2017 01:27 AM |

CHENNAI: A writ plea has been made in the Madras High Court to declare a clause in a GO dated February 29, 2016, which enabled the authorities concerned to retain the original certificates of PG medical students till they completed two years compulsory service in any government hospitals, or to remit `20 lakh, as illegal and unconstitutional.

When the petition from K Raj Santan came up on Friday, Justice K Ravichandra Baabu ordered notice to the Secretary, Health & Family Welfare department, Directorate of Medical Education and the Dean, Stanley Medical College, for filing counter and posted the matter for further hearing to August 11.

According to petitioner, he was asked to sign in a document requiring him to serve in a government hospital after completion of two year PG course, at the time of admission in 2014 or to deposit `20 lakh. He was also asked to submit all the original certificates of his educational and other documents. Now, he needed the original documents. However, the authorities concerned refused to return the same as he refused to serve in a government hospital for two years or to pay ` 20 lakh in lieu thereof. Hence, the present petition.

‘Enact law to deal with SC/ST community certificate’

It is high time the State government considers enacting a complete and comprehensive law with regard to issue and verification of community certificates to SCs and STs quite in tune with the guidelines and directions of Supreme Court, the Madras High Court has observed.

A division bench of Justices M Venugopal and P D Audikesavalu made the observation while disposing of a writ petition from S Balasubramaniam of Mettur Dam, on July 24.

Writing the judgment for the bench, Justice Venugopal pointed out that neighbouring Kerala and Andhra Pradesh, and Maharashtra had already enacted necessary legislation for issue and verification of community certificates of SC/STs and other backward classes and the same was in force. “This court fervently opines that if the Government of Tamil Nadu enacts a codified law pertaining to the procedure for issue and verification of community certificates of SC/STs and BCs, then there is ample scope for wiping out/erasing out bogus and fictitious community certificates obtained by persons concerned to secure the benefits in an unlawful manner,” the bench said.

The judges directed the petitioner Balasubramaniam to prefer a fresh appeal to the Salem District Collector within two weeks. The Collector shall provide adequate opportunity of hearing to the petitioner by adhering to the ‘Principles of Natural Justice’ in its letter and spirit. The Collector shall pass an order on merits in an unbiased and dispassionate manner, within six weeks thereafter, the bench added.