A.Vidya v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.07.2016
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.22805 of 2016 and WMP.No.19485 of 2016 A.Vidya ..
Petitioner Vs.
1.The State of Tamilnadu, Rep by its Secretary, Health and Family Welfare Department, Fort St.George, Chennai-600 009.
2.Tamilnadu Dr.MGR Medical University, Represented by its Registrar, Guindy, Chennai-32.
3.Madha Medical College and Research Institute, represented by its Chairman, Kundrathur Main Road, Thandalam, Kovur, Chennai-600 122.
4.The Medical Council of India, rep by its Board of Governors, Pocket 14, Sector -8, Dwaraka Phase-I, New Delhi-110 077.
..
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the third respondent to return all original certificates and other academic records which were received by them at the time of her admission to the MBBS Course for the academic year 2013-14.
For Petitioner :
M/s.K.Chozhan For Respondents:
Mrs.P.Rajalakshmi Government Advocate for R1 Mr.G.Harihara Arun Soma Sankar for Dr.MGR Medical University Mr.A.Jenasenan for R3 Mr.V.P.Raman for R4
O R D E R
By consent, this writ petition is taken up for final disposal.
2. The petitioner claims that she has successfully completed her Higher Secondary Course in the year 2013 and scored 1048 marks and joined the M.B.B.S. course in the third respondent College under management quota for the academic year 2013-2014 and claims to have paid Rs.2,00,000/- towards tuition fees and donation amount of Rs.24,00,000/- was paid in cash in several instalments, however no receipt was given. The petitioner, though successfully completed the first year course, was not allowed to join the second year and the third respondent demanded her to pay a lump sum amount in excess of the prescribed fee. Since the petitioner was not able to pay the same due to poor financial position, decided to discontinue her studies and also done so and also prayed for return of her original certificates submitted at the time of admission.
The third respondent has sent a communication dated 23.12.2015 stating that since the petitioner had made very many allegations against the institute she has to meet the Chairman of the College and express her grievance and in the interregnum, the father of the petitioner died on 21.01.2016 and the petitioner for want of original testimonials, is unable to join in any other college. Since the representation submitted by the petitioner failed to evoke any kind of response, she has been constrained to file the present writ petition.
3. The learned counsel appearing for the petitioner has drawn the attention of this Court to the judgment in S.Muthukamatchi v. The Director of Technical Education, Anna University, Chennai [2013 (1) CTC 595] and would submit that in the light of the ratio laid down in the said decision, for recovery of balance fee, original certificates submitted by the petitioner cannot be retained by way of lien and therefore, prays for appropriate orders.
4. Heard the submissions of Mr.G.Harihara Arun Soma Sankar, learned counsel who accepts notice on behalf of the second respondent and would submit that necessary instructions have already been given to the third respondent college to return the original testimonials submitted by the petitioner.
5. Heard the submissions of Mr.A.Jenasenan, learned counsel who accepts notice for the third respondent and would submit that the allegations made against the third respondent institution are nothing but false and whatever fee prescribed by the Fee Fixation Committee has been paid by the petitioner and since the petitioner had left the course at the midstream,
the third respondent would not be not in a position to fill up the vacancy as the course is spread over four more years and therefore prays for dismissal of this writ petition.
6. Heard the submissions of Mr.V.P.Raman, learned counsel who accepts notice for the fourth respondent.
7. This Court has considered the rival submissions and also perused the materials placed before it.
8. In the above cited decision, this Court held that the certificates submitted by the student at the time of admission cannot be construed as Fixed Deposit receipts, for which the Bank has a general lien and therefore, the certificates cannot be retained at any rate and directed the fourth respondent therein to return all the original certificates deposited by the petitioner therein forthwith. This Court, in the order dated 19.08.2015 made in W.P.No.14471 of 2015 [Sarfarraz Ali A.S.Y. v. Saveetha School of Law, Chennai], has also held so.
9. In the result, this Writ Petition is disposed of and the third respondent College is directed to return the original certificates/testimonials collected from the petitioner at the time of admission to first year M.B.B.S course for the academic year 2013-2014 as well as the Transfer Certificate to the petitioner within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar jvm To 1.The Secretary, The State of Tamilnadu, Health and Family Welfare Department, Fort St.George, Chennai-600 009.
2.The Registrar, Tamilnadu Dr.MGR Medical University, Guindy, Chennai-32.
3.The Chairman, Madha Medical College and Research Institute, Kundrathur Main Road, Thandalam, Kovur, Chennai-600 122.
4.The Board of Governors, The Medical Council of India, Pocket 14, Sector -8, Dwaraka Phase-I, New Delhi-110 077.
1 cc to Mr.Harihara Arun Soma Sankar, Advocate, sr.40280 1 cc to Mr.Chozhan, Advocate, sr.40111 1 cc to Mr.Jenasenan, Advocate, sr.40380 1 cc to Government Pleader, sr.40428 W.P.No.22805 of 2016 mg co kra 22.07.2016