Mrs.Sonia Jasrotia v. The Tamil Nadu Dr.Mgr
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2019
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.22482 of 2018 Sonia Jasrotia ... Petitioner Vs.
1. The Tamil Nadu Dr.MGR Medical University, Represented by its Vice Chancellor, No.69, Anna Salai, Guindy, Chennai - 600 032.
2. SRM College of Physiotherapy, SRM University, Represented by its Dean, SRM Nagar, Kattankulathur - 603 203.
Kancheepuram District, Tamil Nadu.
3. University Grants Commission, Represented by its Secretary, Bahadur Shah, New Delhi - 110 002. ... Respondents PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first and second respondent to issue the petitioner's Degree Certificate in the field of Bachelor of Physiotherapy pursuant to the petitioner's successful completion of the Course and six months compulsory internship. For Petitioner : Mr.S.Arjun Suresh For 1st Respondent : Mr.D.Ravichander For 2nd Respondent : Ms.B.Saraswathi For 3rd Respondent : Mr.P.R.Gopinathan
O R D E R
The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the first respondent to issue the petitioner's Degree Certificate in the field of Bachelor of Physiotherapy pursuant to the petitioner's
successful completion of the Course and six months compulsory internship.
2. The learned counsel appearing for the petitioner submitted that the petitioner had enrolled in the Bachelor of Physiotherapy Course with the second respondent viz., SRM College of Physiotherapy in the year 2001. At the time of enrollment and commencement of the Course, the second respondent was affiliated with the first respondent viz., Tamil Nadu Dr. M.G.R.Medical University. The petitioner had successfully completed the Course in the year August 2008, pursuant to which the petitioner had to complete six months compulsory internship program with the second respondent or in any other Institution/University after obtaining a "No Objection Certificate" (NOC) from the second respondent.
3. The learned counsel for the petitioner further submitted that the petitioner was keen on pursuing her internship in the Government Medical College, Jammu. In this regard, the petitioner approached the second respondent and requested for the 'NOC' in order to pursue her six months internship at the Government Medical College, Jammu. Accordingly, an unconditional NOC was granted by the second respondent to the petitioner to pursue the six months internship in Physiotherapy at the Government Medical College, Jammu. In specific terms, the second respondent did not stipulate any conditions or provide any instructions with regard to the NOC or issuance of the degree towards completion of the Course. After receiving the NOC, the petitioner proceeded to Jammu to complete her six months compulsory internship.
4. The learned counsel for the petitioner further submitted that on completion of the internship, the petitioner had in several instances requested the second respondent to issue the degree certificate for the Course. The petitioner has also requested the second respondent to return the original mark sheet and certificates of 10th and 12th standard as well as refund an amount of Rs.10,000/- towards excess hostel fee collected by him, but, the same have not been issued to the petitioner. Hence, the petitioner has come before this Court.
5. Today when the matter is taken up for hearing, the learned counsel appearing for the University has produced the provisional certificate to the petitioner along with internship certificate. It is also stated that the petitioner has to make an application for issuance of degree certificate along with the copies of provisional certificate and internship certificate and necessary fees through the College. If any such application is received by the University, the University is directed to issue a degree certificate as well as other certificates in the
custody of the 2nd respondent viz., 10th and 12th standard mark sheets.
In view of the above, this Writ Petition is closed. There shall be no order as to costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To
1. The Vice Chancellor, Tamil Nadu Dr.MGR Medical University, No.69, Anna Salai, Guindy, Chennai - 600 032.
2. The Dean, SRM College of Physiotherapy, SRM University, SRM Nagar, Kattankulathur - 603 203.
Kancheepuram District, Tamil Nadu.
3. The Secretary, University Grants Commission, Bahadur Shah, New Delhi - 110 002.
+1cc to M/S.D.Ravichander, Advocate Sr.36935 +1cc to Mr.S.Arjun Suresh, Advocate Sr.36855 W.P.No.22482 of 2018 ak[co] srg 11/06/2019