Dr.A.R.A.Changanidhi v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.05.2024 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.No.15448 of 2024 Dr.A.R.A.Changanidhi .. Petitioner vs 1.The State of Tamil Nadu Rep. By its Principal Secretary, Health & Family Welfare Department, Fort St.George, Chennai - 600 009.

2.Directorate of Medical Education, Rep. By the Director of Medical Education, Kilpauk, Chennai - 600 010.

3.Directorate of Public Health and Preventive Medicine, Rep. By the Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai - 600 006. 4.The Directorate of Medical and Rural Health Services, Rep. By the Director of Medical Health and Rural Health Services, 359, Anna Salai, Chennai - 600 006.

5.The Dean, Madras Medical College, Chennai.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 1 and 2 to direct the 5th respondent to return all the (1) Original UG Certificates (2) Original PG Mark Sheets (3) and Degree Certificates and other original documents submitted by the petitioner at the time of her admission.

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For Petitioner :

Mr.P.Gnanasekaran For Respondents :

Mr.E.Sundaram Government Advocate

ORDER

Heard both sides.

2.

The only request made in this writ petition is that the fifth respondent should return the petition mentioned certificates and other original documents submitted by the petitioner at the time of her admission.

3.

It is well settled that there cannot be any lien under Section 171 of the Indian Contract Act on educational certificates. They are not marketable commodities. I, therefore, direct the fifth respondent to forthwith return the petition mentioned certificates and documents of the petitioner to her.

4.

Writ petition stands allowed accordingly. No costs. Connected miscellaneous petition is closed.

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To 1.The Principal Secretary, Health & Family Welfare Department, Fort St.George, Chennai - 600 009.

2.The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai - 600 010.

3.The Director of Public Health and Preventive Directorate of Public Health and Preventive Medicine, Medicine, 359, Anna Salai, Chennai - 600 006. 4.The Director of Medical Health and Rural Health Services, The Directorate of Medical and Rural Health Services, 359, Anna Salai, Chennai - 600 006.

5.The Dean, Madras Medical College, Chennai.

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G.R.SWAMINATHAN,J.

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