R.Bharathi v. The Vice Chancellor

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.26116 of 2021 R.Bharathi ... Petitioner Vs.

1.The Vice Chancellor, Anna University, D.No.265M, +H9G Kotturpuram, Chennai 600 025.

2.The Correspondent, Varuvan Vadivelan Institue of Technology, Kundalapatti, Dharmapuri 636 703, Dharmapuri District.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to return all the petitioners original B. E. ECE Graduation certificates i.e Graduate Certificate mark statement, Transfer Certificate and other relevant certificates submitted by the petitioner at the time of admission in the 2nd respondent college by considering the petitioners representation dated 15.9.2021.

For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.Vijayakumar for R1 Ms.M.Jothikumar for R2

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the 2nd respondent to return all the petitioners original B. E. ECE Graduation certificates i.e Graduate Certificate mark statement, Transfer Certificate and other relevant certificates submitted by the petitioner at the time of admission in the 2nd respondent college by considering the petitioners representation dated 15.9.2021.

2. The case of the petitioner is that the petitioner is native of Korapalli Village, Somanalli Post, Dharmapuri Taluk and District and completed B.E.ECE Graduation in the 2nd respondent Institution during the academic year November 2014 to April 2018 and paid all the necessary fees and examination fees without any balance and successfully completed her graduation. However, after completion of course, the respondent College have not at all returned her mark sheet, B.E. Graduation Certificate, Transfer Certificate and relevant documents, due to family dispute as the petitioner got love marriage against the wish of her parents and thereby she could not able to go to her college and receive all educational certificates.

Moreover the petitioner contacted the 2nd respondent College over phone, however the 2nd respondent College with an ulterior motive avoided to hand over all her certificates. Hence she made a representation dated 15.09.2021 to the 2nd respondent Institution, requesting them to hand over her educational certificate, however the same has not been considered. Therefore, she is constrained to approach this Court by filing this petition.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the 2nd respondent to consider the petitioner's representation dated 15.09.2021 and to hand over all her certificates within a particular time frame fixed by this Court.

4.The learned counsel has no objection for said order being passed and he further submitted that the entire certificate will be issued in favour of the petitioner, without insisting any fees.

5. In view of the aforesaid submissions and in view of the consent expressed by the respective learned counsel on either side, this Court without expressing any opinion on the merits of the case directs the 2nd respondent to return all the original certificates of the petitioner available with them, within a period of two weeks from the date of receipt of a copy of this order, without insisting for any fees.

6 This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

sk To 1.The Vice Chancellor, Anna University, D.No.265M, +H9G Kotturpuram, Chennai 600 025.

2.The Correspondent, Varuvan Vadivelan Institue of Technology, Kundalapatti, Dharmapuri 636 703, Dharmapuri District.

W.P.No.26116 of 2021 um[co] srg 04/02/2022