S.Valarmathi v. Vice Chancellor
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.11.2023 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH S.Valarmathi .. Petitioner vs 1.Vice Chancellor The Tamilnadu Dr.M.G.R.Medical University, 69, Annasalai, Guindy, Chennai - 600 032.
2.The Principal RVS Dental College and Hospital Kumaran Kottam Campus, Trichy Road, Coimbatore - 641 406.
.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 2nd respondent to return back the petitioner's 10th & 12th mark sheets, community certificate and issue the overall mark sheets from 1st year to 4th year of BDS course, Course Completion Certificate of BDS Course, Provisional Certificate 1 & 2 of BDS Course and Transfer Certificate within a time frame as may be fixed by this Court. For Petitioner :
Mr.I.M.Siddartha Ramarajan For Respondents :
Mr.Imaya Varamban for M/s.Ramalingam Associates for R1 Ms. Mary Sowmi Rexy for R2 1/4
ORDER
Read this order in conjunction with and in continuation of order dated 09.10.2023. That reads as follows:- "Petitioner has completed her BDS course and she is unable to practice from 2021 on account of the retention of the certificates by the 2nd respondent college.
2. As far as the 2nd respondent college is concerned, they justify the retention stating that she has not paid her fees completely.
3. Catena of case law frown upon the retention of certificates for non payment of fees. Learned counsel for the petitioner circulates copies of relevant decisions.
4. Final opportunity is granted to the respondents to file a counter. In the mean time, the respondent college will consider the petitioner's representation for the return of the certificates, for which purpose the petitioner may approach the respondent college immediately.
5. List on 01.11.2023. Counter by then with an advance copy served upon the petitioner."
2.
Today, both learned counsel for the petitioner as well as for the RVS Dental College / R2 concur on the position that the parties have been in discussion in regard to the matter. Though initially R2 had asked for bank guarantee as security for return of certificates, learned counsel for R2 would acquiesce to the position that the college does not intend to withhold the certificates any longer and hence certificates will be returned to the petitioner as 2/4
and when the petitioner presents herself before R2/ Principal of College with a copy of this order.
3.
As against the extent of admitted outstanding on various accounts, needless to say R2 is at liberty to initiate measures for recovery of the same, in accordance with law. 4.
Writ petition stands disposed in above terms. No costs. 01.11.2023 Index:Yes/No ssm To 1.The Vice Chancellor The Tamilnadu Dr.M.G.R.Medical University, 69, Annasalai, Guindy, Chennai - 600 032.
2.The Principal RVS Dental College and Hospital Kumaran Kottam Campus, Trichy Road, Coimbatore - 641 406.
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DR. ANITA SUMANTH,J.
ssm 01.11.2023 4/4