Dhanusu v. The Dean
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 24.04.2023 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.8596 of 2023 Dhanusu ... Petitioner Vs
1. The Dean, Aarupadai Veedu Medical College & Hospital, Affiliated to Vinayaka Mission's Research Foundation, (Deemed to be University), Cuddalore-Puducherry Main Road, Kirukampakkam, Puducherry.
2. Indian Nursing Council, 8th Floor, NBCC Centre, Plot No.2, Community Center, Okhla Phase I, New Delhi, Delhi110020. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus or any other Writ or Order or Direction in the nature of Writ directing the 1st respondent institution to return all the Original Certificates of the petitioner's daughter Girija and to refund the fee of Rs.85,000/- paid on admitting the petitioner daughter in BSC Nursing (Operation Theatre Technology) Course in the 1st respondent institution, and Page No:1/6
further direct the 1st respondent to pay compensation to the petitioner for wrongly giving admission to the petitioner's daughter on the false promise and assurance given by the 1st respondent institution and making the petitioner's daughter to discontinue the study in the mid of the course and thereby spoiling the entire career.
For Petitioner ... Mr.B.Balavijayan For Respondents ... Mr.B.Deepak Narayanan, Standing Counsel for R2
O R D E R
This Writ Petition has been filed for a direction to the 1st respondent institution to return all the original certificates of the petitioner's daughter namely Girija and refund the fee of Rs.85,000/- which was paid at the time of admitting the petitioner's daughter in the course of B.Sc Nursing and also to pay the compensation to the petitioner for wrongly admitting the petitioner's daughter in the above said course.
2. It is the case of the petitioner that the petitioner's daughter was given admission in the 1st respondent College in BSc Nursing course after verifying her eligibility. According to the petitioner, he has paid the necessary fees for the Page No:2/6
said course. The petitioner further states that his daughter has even attended the 1st examination. On the second day of the examination, she was informed that she was not eligible for the said course and removed from the roll. The petitioner alleges that none of the authorities in the 1st respondent institution were responded to him in a proper manner. Hence, he has sent a representation on 10.01.2022 to the 1st respondent requesting them to permit his daughter to continue the course, as only upon their assurance that his daughter was eligible to join the BSc Nursing course, she was given admission. The said representation did not yield any response. Hence, the petitioner again requested the 1st respondent institution to return the original certificates of his daughter and return the entire fees paid by him. Having waited from June 2020, the 1st respondent has not taken any steps to return the original certificates and the fees paid by him. Hence, the present Writ Petition.
3. When the matter is taken up for hearing, learned counsel for the petitioner submitted that he has received the original certificate of his daughter. Page No:3/6
4. Recording the same, this Writ Petition stands closed. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition stands closed.
24.04.2023 NHS Index:Yes/No Internet:Yes Page No:4/6
To
1. The Dean, Aarupadai Veedu Medical College & Hospital, Affiliated to Vinayaka Mission's Research Foundation, (Deemed to be University), Cuddalore-Puducherry Main Road, Kirukampakkam, Puducherry.
2. Indian Nursing Council, 8th Floor, NBCC Centre, Plot No.2, Community Center, Okhla Phase I, New Delhi, Delhi110020.
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M.DHANDAPANI, J NHS 24.04.2023 Page No:6/6