Dr.S.Narayanan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.05.2024 CORAM :
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.No.15035 of 2024 1.Dr.S.Narayanan 2.Dr.M.Pradheep 3.Dr.Kondamudi Srinivasu 4.Dr.Karthick J 5.Dr.Siddharth M .. Petitioners vs 1.The State of Tamil Nadu, rep. by its Principal Secretary, Health and Family Department, Secretariat, Chennai-600 009.
2.Directorate of Medical Education, Kilpauk, Chennai-600 010.
3.The Directorate of Public Health and Preventive Medicine, Anna Salai, Teynampet, Chennai-600086.
4.The Director of Medical and Rural Health Services, Anna Salai, Chennai.
5.The Dean, Government Stanley Medical College and Hospital, No.1, Old Jail Road, Chennai-600 001.
.. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to return all the original certificates of the petitioner that were submitted by them at the time of their admission to the Post Graduate Super Speciality Degree Course of M.Ch. Plastic and Reconstructive Surgery in the fifth respondent Government Medical College. For the Petitioners : Mr.C.Vidhusan For the Respondents : Mr.K.Thippusultan Government Advocate
ORDER
Heard both sides.
2. The only prayer made in the writ petition is to direct the respondents to return the original certificates of the petitioners that were submitted at the time of admission to Post Graduate Super Speciality Degree Course of M.Ch. Plastic and Reconstructive Surgery in the fifth respondent Government Medical College
3. I have held that there cannot be any creation of lien over the educational certificates in terms of Section 171 of the Indian Contract
Act, 1872. I, therefore, direct the fifth respondent to forthwith return the original certificates of the petitioners mentioned in the writ petition.
4. The writ petition is allowed. There shall be no order as to costs. W.M.P.No.15034 of 2024 filed to permit the petitioners to file a single writ petition is ordered, inasmuch as the petitioners have paid separate court-fee. Consequently, W.M.P.No.15035 of 2024 is closed.
24.05.2024 Index :
Yes/No :
Yes/No bbr/ssa To 1.The Principal Secretary, State of Tamil Nadu, Health and Family Department, Secretariat, Chennai-600 009.
2.The Director, Directorate of Medical Education, Kilpauk, Chennai-600 010. 3.The Director, Directorate of Public Health and Preventive Medicine, Chennai-6.
4.The Dean, Stanley Medical College, 1, Old Jail Road, George Town, Chennai-600 001.
G.R.SWAMINATHAN, J.
bbr/ssa 24.05.2024 (1/3)