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Madras High CourtWP/8226/2023disposed of

R.Gowsalya v. The Principal Secretary To Government

2023-04-25Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI R.Gowsalya ... Petitioner Vs.

1.The Principal Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai-09.

2.The Registrar, Tamilnadu Dr.MGR Medical University, 69, Annasalai, Guindy, Chennai-32.

3.The Principal, J.K.K.Nattaraja College of Pharmacy, Kumarapalayam-638 183, Namakkal District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent to forthwith return back all the original certificates of the petitioner (I-Pharm D-Roll No:PD20010) namely (1) Transfer Certificate (Sl.No:2020/33160400109/1106477), (2) SSLC Mark Statement 1/6

(Certificate Sl.No.SEC 9537159), (3) Mark Statement of Higher Secondary Second Year Examination (Permanent Register No:1915433043), (4) High Secondary Course-Second Year Mark Certificate (Certificate Sl.No.HSS 15282341) and (5) MBC-Community Certificate (Certificate No: TN-52020082710181) within time frame to be fixed by this Court, without insisting the petitioner to pay any fees for the remaining period of course.

For Petitioner : Mr.S.Balamurugan For Respondents : Mr.M.Alagu Goutham Government Advocate [R1] Mr.S.Wilson [R2] Mr.N.Manokaran [R3]

ORDER

The Writ Petition is filed seeking for a Writ of Mandamus, to direct the third respondent to forthwith return back all the original certificates of the petitioner (I-Pharm D-Roll No:PD20010) namely (1) Transfer Certificate (Sl.No:2020/33160400109/1106477), (2) SSLC Mark Statement (Certificate Sl.No.SEC 9537159), (3) Mark Statement of Higher Secondary Second Year Examination (Permanent Register No:1915433043), (4) High Secondary Course-Second Year Mark Certificate (Certificate Sl.No.HSS 15282341) and (5) MBC-Community 2/6

Certificate (Certificate No: TN-52020082710181) within time frame to be fixed by this Court, without insisting the petitioner to pay any fees for the remaining period of course.

2. The case of the petitioner is that, she got admission in the third respondent to pursue six year Pharm D course. On account of some difficulties, she could not pursue her course in the college and discontinued the same after one year before commencement of first year examination. She requested the third respondent to return back all the original certificates submitted by her at the time of admission. However, the third respondent insisted the petitioner to pay the entire course fees and only then, they will return back the original documents. In this regard, the petitioner has given a representation dated 22.02.2023 to the respondents, which did not yield any response till date. Therefore, the petitioner has filed the above writ petition before this Court for appropriate directions.

3. Though very many grounds have been raised in the above writ petition, the learned counsel for the petitioner submits that, it would 3/6

suffice, if this Court issues a direction to the third respondent to return back all the original certificates of the petitioner, without insisting the petitioner to pay the fees for the remaining period of course, within a time frame that may be fixed by this Court.

4. The learned counsel appearing for the third respondent submits that, all the certificates will be returned to the petitioner upon her appearance before the third respondent, within a stipulated time that may be fixed by this Court.

5. In view of the aforesaid submissions, this Court, without going into the merits of the case, directs the third respondent to return all the original certificates of the petitioner, without insisting the petitioner to pay any fees for the remaining course period, within a period of one (1) week from the date of receipt of a copy of this order. 4/6

6. With the above direction, the Writ Petition is disposed of. No costs.

25.04.2023 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Principal Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai-09.

2.The Registrar, Tamilnadu Dr.MGR Medical University, 69, Annasalai, Guindy, Chennai-32.

3.The Principal, J.K.K.Nattaraja College of Pharmacy, Kumarapalayam-638 183, Namakkal District.

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M.DHANDAPANI, J.

sp 25.04.2023 6/6