S.Keerthi Sri v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.9680 & 9682 of 2024 S.Keerthi Sri ... Petitioner Vs.

1.The Secretary, National Medical Commission, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi-110077.

2.The Vice Chancellor, Tamil Nadu Dr.M.G.R.Medical University, No.69, Anna Salai,Guindy, Chennai-600 032.

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

4.The Dean, Trichy SRM Medical College Hospital and Research Centre, Irungalur, Trichy-621105.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 4th respondent to return the original Mark Statements of the 10th and 12th standards and Transfer 1/4

Certificate and community certificate and repay the excess amount received from the petitioner (Total amount Rs.1,19,10,000/- (-) Rs.12,85,000/- 1,06,25000/-) in a time bound manner.

For Petitioner : Mr.M.Killivalavan For Respondents : Mr.S.Jeyasingh for R1 : Mr.T.Antony Arulraj for R4 : Mr.Vaigunth for R3

ORDER

Heard both sides.

2. The learned counsel for the college management has handed over the demand draft for a sum of Rs.38,25,000/- to the learned counsel for the petitioner in my presence. An undertaking affidavit has also been filed by the petitioner and it is taken on record. Paragraph Nos.2 & 3 of the said affidavit read as follows:- "2. I submit that I am discharged from the course in view of non completion of 1st year MBBS. I submit that after that I filed the above writ petition and after notice respondents appeared through their counsel and on 14.06.2024 my counsel received all the original certificates from the fourth respondent counsel with transfer certificate.

3. I submit that I have received demand draft for Rs.38,25,000/- 2/4

from the fourth respondent in respect of the fee paid by me in advance for the II, III, IV years. I undertake that I have no claim for certificates and mark statements and any claim regarding the amount, since I have received the same from the fourth respondent and further, I undertake that I will not approach any forum as against the fourth respondent by raising any disputes."

3. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 26.06.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

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