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Madras High CourtWP/18432/2023disposed of with direction

R.Kumaravel v. The Registrar

2023-06-30Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI R.Kumaravel ... Petitioner Vs.

1.The Registrar, Tamil Nadu Dr. M.G.R. Medical University, No.69, Anna Salai Road, Guindy, Chennai, Pin Code - 600 032.

2.The Principal, Arun College of Nursing, No.15, Thiyagarajapuram, Vellore - 632 001, Vellore District.

... Respondents Prayer : Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second Respondent to return the transfer certificate and other educational certificates of petitioner daughter K.Malini B.Sc., Physician assistant within stipulated period. For Petitioner : Mr.M.Sathish Kumar For Respondents : Mr.Imayavaramban for M/s.Ramalingam & Associates [R1] 1/6

ORDER

This Writ Petition has been filed seeking for a Writ of Mandamus, directing the second Respondent to return the transfer certificate and other educational certificates of petitioner daughter K.Malini B.Sc., Physician Assistant within stipulated period.

2. Since no adverse order is passed against the second respondent, notice to the second respondent is dispensed with.

3. The case of the petitioner is that, his daughter, namely K.Malini completed her Higher Secondary Education in Little Flower Convent Government Aided Girls Higher Secondary School, Ranipet in the year 2021. After completion of her higher secondary education, the petitioner's daughter joined B.Sc. Physician Assistant in the second respondent College for the educational year 2022 - 2024 and the second respondent College is affiliated to the first respondent University. During the admission in the second respondent College, the petitioner's daughter had submitted all her educational certificates. Subsequently, the second respondent demanded exorbitant fees and the fees was also paid by the petitioner. She attended the 2/6

first year examination which was held in the month of April 2023 and she completed her first year. In the meantime, due to family circumstances, the petitioner's entire family shifted to Chennai. While the petitioner was shifting to Chennai, it is impossible for the petitioner's daughter to continue her studies in the second respondent College. Therefore, the petitioner made a representation before the second respondent on 09.05.2023 seeking issuance of transfer certificate and other educational certificates which were submitted at the time of admission. Since the second respondent College assured to issue the required certificates, the petitioner admitted her daughter in another college. Even thereafter, the second respondent College has not returned the certificates to the petitioner, thereby, the petitioner made another representation dated 01.06.2023 before the respondents. Since the same was not considered, the petitioner has filed the above writ petition before this Court for appropriate directions.

4. The learned counsel for the petitioner submits that, during the pendency of this writ petition, the second respondent College returned all the certificates except the Secondary School Leaving Certificate (S.S.L.C.) to the petitioner. Accordingly, he prays for appropriate orders. 3/6

5. Since the petitioner claims that all the certificates were returned except S.S.L.C., this Court is inclined to direct the second respondent College to return Secondary School Leaving Certificate (S.S.L.C.) to the petitioner.

6. Accordingly, in view of the submissions made by the learned counsel for the petitioner, this Court, directs the second respondent College to return the Secondary School Leaving Certificate (S.S.L.C.) of the petitioner's daughter to the petitioner, within a period of two (2) weeks from the date of receipt of a copy of this order.

7. With the above direction, the Writ Petition is disposed of. No costs.

30.06.2023 Index : Yes / No Speaking order / Non-speaking order sp 4/6

To 1.The Registrar, Tamil Nadu Dr. M.G.R. Medical University, No.69, Anna Salai Road, Guindy, Chennai, Pin Code - 600 032.

2.The Principal, Arun College of Nursing, No.15, Thiyagarajapuram, Vellore - 632 001, Vellore District.

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M.DHANDAPANI, J.

sp 30.06.2023 6/6