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Madras High CourtWP/15799/2023disposed of

B.Gokul v. The Registrar

2023-06-15Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI B.Gokul

...Petitioner

Vs.

1. The Registrar, Anna University, Guindy, Chennai - 600 025.

2. The Principal, EASA College of Engineering and Technology, NH 47, Palakkad Main Road, Navakkarai Post, Coimbatore District - 641 105.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to issue the Transfer Certificate, Consolidated Mark Sheet, Provisional Certificate, Degree Certificate, to the petitioner and return his all original Certificates including 10th Mark Sheet, 12th Mark sheet, Community Certificate, within the time limit to be stipulated by this Court.

For Petitioner : Mr.G.Ponnambalathiyagarajan For Respondents : Mr.U.Baranidharan, AGP for R1 Mr.H,Rajasekar for R2 1/6

O R D E R

This writ petition has been filed seeking for issuance of a writ of mandamus to direct the 2nd respondent to issue the Transfer Certificate, Consolidated Mark Sheet, Provisional Certificate, Degree Certificate, to the petitioner and return his all original Certificates including 10th Mark Sheet, 12th Mark sheet, Community Certificate.

2. It is the case of the petitioner that during the year 2018, the first respondent has conducted the Single Window Counselling for Engineering Courses, in which the petitioner got seat for Mechanical Engineering Course in Study World College of Engineering, Coimbatore, under Government Quota and the petitioner paid the initial fees and got admission in the said College. However, before commencing the classes, the above said Study World College Authorities transferred the eight students to the second respondent college including the petitioner on the ground of insufficient seats in their college. Thereafter, the Study World College of Engineering, Coimbatore, transferred all the original certificates of the petitioner to the second respondent College. After completion of four years course in the second respondent college, the petitioner requested the second respondent 2/6

college to return all the original certificates. However, the second respondent demanded a sum of Rs.30,000/- for returning the said certificates and also informed that the petitioner was admitted under Management Quota. Thereafter, the fees demanded by the second respondent was paid by the petitioner's parents. After receiving the same, the second respondent again demanded a sum of Rs.1,20,000/- for returning his certificates. While so, the petitioner made a representation dated 08.05.202 before the District Collector, Coimbatore District. Since no response was forthcoming, the petitioner made a representation dated 11.05.2023, before the respondents seeking to return his certificates. However, the same was not considered. Hence, the present writ petition seeking the relief supra.

3. The learned counsel appearing for the petitioner submitted that though the petitioner was admitted for the course of Mechanical Engineering in the first respondent College under the Government Quota, however without his knowledge, he was transferred to the second respondent College under the Management Quota is not sustainable. He further submitted that pursuant to the complaint dated 18.05.2023 made by the petitioner, the second respondent College vide letter dated 25.05.2023, after conducting 3/6

detailed enquiry, decided to waive Rs.1,00,000/- and demanded the petitioner to pay the remaining amount of Rs.20,000/- for returning his documents.

4. On the above contentions, heard learned counsel appearing for respective respondents and perused the materials placed on record.

5. On a perusal of the letter dated 25.05.2023, issued by the second respondent, it is clear that the second respondent themselves decided to accept the remaining amount of Rs.20,000/- to be paid by the petitioner. Hence, this Court without going into the merits of the case directs the petitioner to pay a sum of Rs.20,000/- within a period of twelve (12) weeks from the date of receipt of a copy of this order and upon receipt of the said amount, the second respondent is directed to issue the transfer certificate, consolidated mark sheet, provisional certificate, degree certificate along with all the original certificates including 10th mark sheet, 12th mark sheet, community certificate belonging to the petitioner within a period of two (2) weeks thereafter.

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6. Accordingly, this writ petition is disposed of. No costs. 15.06.2023 (rap) NCC : Yes/ No Speaking Order : Yes/ No Index : Yes/ No Office to Note: Issue order copy on 19.06.2023 To The Registrar, Anna University, Guindy, Chennai - 600 025.

M.DHANDAPANI., J.

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