BIJU PAUL Vs. TAMIL NADU MEDICAL COUNCIL

JUDGEMENT

(1.) THE writ petition has been filed for the issuance of a writ of mandamus to direct the third respondent through the respondents 1 and 2 to issue the necessary certificates, more particularly, the Medical transcript, certificate of clock hours, conduct certificate, reply to the request letter of Educational Commission for Foreign Medical Graduates for confirmation, completion of M. B. B. S. course certificate. The brief facts of the case, as stated by the petitioner, are as follows:

(2.) THE petitioner was admitted to the M. B. B. S. Course during the month of September, 1993, in the third respondent College. He had successfully completed the M. B. B. S. Course in the month of January, 1999. The second respondent had also issued an M. B. B. S. degree certificate to the petitioner. Following which, the petitioner had registered himself with the first respondent as a registered medical practitioner.

(3.) THE petitioner has further stated that after his completion of the M. B. B. S. Course, the third respondent College had refused to issue the necessary certificates to him, which the third respondent College was obliged to issue. The petitioner was sponsored for the M. B. B. S. seat in the third respondent College by M/s. N. M. Wadia Hospital, Pune, which is a private Mission Hospital, being a part of the Pune Christian Medical Association. The Pune Christian Medical Association is a part of the Church of North India, which is a member of the governing council of the third respondent College. The petitioner had written an entrance examination conducted by the third respondent College during the month of May, 1993, and having qualified in the written examination and in the interview conducted thereafter, he was offered a medical seat in the M. B. B. S. Course in the third respondent College. At the time of admission in the said Course, there was a pre-condition for the candidates under the sponsorship to sign an agreement and the sponsorship bond with the third respondent. The agreement and bond stated that after the successful completion of the course, the candidates shall serve in a Hospital or an institution, as directed by the sponsoring body or by the Principal of the College, for a period of not less than two years, immediately, following the completion of the M. B. B. S. Course as a "service obligation". Since the petitioner had been sponsored by M/s. N. M. Wadia Hospital, Pune, he was asked to sign the agreement and bond with the third respondent. After the successful completion of the Course in the month of January, 1999, the petitioner was deputed to work at the M/s. N. M. Wadia Hospital, Pune. Accordingly, the petitioner had taken up the assignment, on 4. 2. 1999.