Dr.M.Mahalakshmi 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.15036 of 2024 Dr.M.Mahalakshmi .. Petitioner 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 Dean, Government Mohan Kumaramangalam Medical College and Hospital, Salem-636 002.

.. 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 her at the time of her admission to Post Graduation Degree Course

of Master of Surgery-M.S. Obstetrics and Gynecology in the third respondent college.

For the Petitioner : Ms.S.Shanmitha 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 petitioner that were submitted at the time of admission to the Post Graduate Medical Course in the third respondent 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 third respondent to forthwith return the original certificates mentioned in the writ petition.

4. The writ petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition 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 Directorate of Medical Education, Kilpauk, Chennai - 600 010.

3.The Dean, Government Mohan Kumaramangalam Medical College and Hospital, Salem-636 002.

G.R.SWAMINATHAN, J.

bbr/ssa 24.05.2024 (2/3)