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Madras High CourtWP/15599/2021disposed of

M.G.Vasanth v. Srm Medical College Hospital And Research Centre

2021-09-22Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.15599 OF 2021 M.G.Vasanth ... Petitioner -Vs1. SRM Medical College Hospital & Research Centre Represented by its dean SRM University (Deemed University u/s.3 of UGC Act) SRM Nagar, Potheri Kattankulathur 603 203 Kancheepuram District.

2. SRM Institute of Science and Technology (Deemed to be University u/s.3 of UGC Act, 1956) Rep.by its Registrar SRM Nagar, Potheri Kattankulathur 603 203 Kanchipuram District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the Respondents to consider the petitioner's representation dated 06.05.2021 and permit the petitioner to withdraw from the MBBS Course and return the original educational certificates and all other documents, which were deposited by the petitioner at the time of joining the MBBS course along with the transfer certificate without insisting on the payment of Rs.90,00,000/- towards the tuition fees for the remaining period of the MBBS course so as to enable the petitioner to study any other course of his choice, within a stipulated time frame.

For Petitioner : Mr.K.R.Samratt For Respondents : Dr.V.Venkatesan

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to permit the petitioner to discontinue the MBBS course and to return back all the original certificates.

2.When the matter came up for hearing on 08.09.2021, this Court passed the following order:

"The petitioner, who secured 89% in the Higher Secondary (+2) in a School, which was affiliated to CBSE and had subsequently also cleared the NEET Examination and during counseling was allotted, the respondent college to undergo MBBS course, has approached this court on the ground that he is not able to continue with the course as he is finding it very difficult and therefore wants the respondents to give back all the certificates. The respondents have filed a counter affidavit and they have fairly stated at paragraph 11 of the counter affidavit that they are willing to help the petitioner and if required to send him for a counselling so that the petitioner undergoes the course and comes out as a doctor. 2.For the present, this court does not want to go into the entitlement of the petitioner to get back his certificates.

This court strongly feels that the petitioner who had a reasonably good academic carrier, is having some mental block and that is the reason why he is taking such a hasty decision to discontinue the MBBS course. It is possible to give counseling to the petitioner and convince him that he is losing a great opportunity to become a doctor and serve the society.

ultimately selected and the petitioner is one of those few persons who secured a seat in the respondent college. Therefore, the attempt of this court will be to counsel the petitioner and make him continue in the course in the respondent college.

3.In view of the above, the petitioner is directed to appear before the Dean of the respondent college on 15.09.2021 at 11.30 a.m. The Dean of the college is requested to spend sometime with the petitioner and understand the actual problem faced by the petitioner. If the meeting does not yield a result, it is also left open to the Dean of the College to refer the petitioner to a good counselor so that the petitioner can undergo the counseling and get rid of his mental block. Both this court as well as the respondent college wants to help the petitioner in pursuing with the course instead of the petitioner wasting a valuable seat secured in the respondent college.

4.Post this case under the caption "for filing report" on 22.09.2021."

3.Pursuant to the above order, the petitioner had met the Dean of the respondent University and he was sent for a counseling to a clinical psychiatrist and the petitioner attended nearly two sessions. At the end of counseling session, the petitioner understood that in the interest of his own career, he has to continue the course with the respondents. Therefore, he changed his mind and also gave a letter to the Dean on 17.09.2021, expressing his desire to continue the course in the respondent University. The petitioner through this letter had requested the respondents that he will join with the next batch of students in the year 2022 and continue his studies since he has missed out the classes for a substantial period during this academic year. The petitioner has also made a request for the adjustment of tuition fees paid by him for the academic year 2021-2022, in the tuition fees to be paid for the academic year 2022-2023.

4.The Dean of the respondent University has also filed a report before this court explaining the entire facts after the

earlier orders were passed by this Court. Along with the report, typed set of papers was also filed by the learned counsel for the respondents, wherein this court was able to go through the report of the clinical psychiatrist, letter given by the petitioner and the report of the Dean of the respondent University.

5.This court wants to place on record its appreciation for the efforts taken by the respondent University, to counsel the student and to convince him regarding the importance of continuing with the MBBS course. Ultimately, this is the purpose for which an Educational Institution must strive for. The efforts taken by the respondents will pave way for the petitioner to come out as a doctor on the completion of the course and provide his service to the society. Ultimately, the efforts taken by this court have yielded fruits and a hasty decision that was about to be taken by the petitioner was stopped and the petitioner is now convinced that he will go ahead with the course and complete the same.

6.This court will be failing in its duty if it does not acknowledge the efforts taken by the learned counsel appearing on either side who have spoken with their clients and ensured that the future of the petitioner was saved. The whole purpose of this noble profession is to render such assistance and bring a change in the life of the litigant, who approaches an advocate. There cannot be more satisfaction to the counsel appearing on either side than what has ultimately been achieved in this case due to their persuasion.

7.In view of the above, there shall be a direction to the respondents to permit the petitioner to continue the course along with the next batch of students during the academic year 2022-2023. This court also expects the respondents to adjust the fees that was paid for the academic year 2021-2022, towards the fees that is payable for the academic year 2022-2023. 8.In fine, this writ petition is disposed of with a lot of satisfaction. As a word of caution, it is made clear that this case cannot be cited as a precedent for future cases as the aforesaid relief has been granted taking into consideration the peculiar facts in the present case.

9.Accordingly, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar KP To

1. The Dean, SRM Medical College Hospital & Research Centre SRM University (Deemed University u/s.3 of UGC Act) SRM Nagar, Potheri Kattankulathur 603 203 Kancheepuram District.

2. The Registrar, SRM Institute of Science and Technology (Deemed to be University u/s.3 of UGC Act, 1956) SRM Nagar, Potheri Kattankulathur 603 203 Kanchipuram District.

+1cc to Mr.K.R.Samratt, Advocate, S.R.No.48762 +1cc to Dr.V.Venkatesan, Advocate, S.R.No.48404 W.P.No.15599 of 2021 NMI(CO) RLP(13/10/2021)