J.Pooja v. The Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.13244 of 2017 J.Pooja ... Petitioner Vs.

1.The Registrar, The Tamilnadu Dr.M.G.R.Medical University No.62, Anna Salai, Guindy, Chennai - 600 032. 2.The Director of Medical Education, Kilpauk, Chennai - 600 010.

3.The Director, Sree Mookambika Institute of Medical Sciences, Padanilam, Kulasekharam, Kanyakumari.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 3 to issue a No Objection Certificate (NOC) to the petitioner enabling her to continue her internship of MBBS in some other institution in Hyderabad as per representation dated 29.05.2017 and 02.06.2017 and direct the 3rd respondent to return all the academic certificates which are deposited by the petitioner during admission. For Petitioner : Mr.K.K.Kannan For R.1 : Mr.C.Karthik For R.2 : Mr.T.S.Mohamed Mohideen, Additional Government Pleader For R.3 : Mr.K.Prabhu For M/s.Isaac Chambers ******

O R D E R

This writ petition has been filed, seeking to direct the respondents 1 and 3 to issue No Objection Certificate (NOC) to the petitioner, so as to enable her to continue her MBBS internship in some other institution in Hyderabad, by considering her representations dated 29.05.2017 and 02.06.2017. She had also sought for a direction to the third respondent to return all her academic certificates, which were deposited during admission.

2. It is the case of the petitioner that she joined MBBS Course at Sree Mookambika Institute of Medical Sciences, Kanyakumari, in the year 2010. After successful completion of her course, she did her internship from 26.10.2015 to 12.07.2016 in the third respondent college. While so, the petitioner has shifted her residence to Hyderabad along with her family. Therefore, she approached the third respondent college requesting them to return her original certificates, along with a No Objection Certificate, so as to continue her internship in some other colleges in Hyderabad. But the third respondent did not take any action, which forced her to approach the first respondent, who, in turn, insisted her to obtain No Objection Certificate from the third respondent college. Hence, she submitted several representations to the third respondent, which failed to meet its fate and hence, she is before this Court.

3. Upon notice, the learned Counsel for the third respondent college filed a detailed counter affidavit, contending that the petitioner was irregular in her CRRI (Compulsory Rotary Residential Internship) and all of a sudden, she requested them for No Objection Certificate, so as to do the same in some other institution in Hyderabad. As the petitioner was irregular in her CRRI as well as there is a due in her hostel fee, they are not in a position to process her application seeking No Objection Certificate.

4. The learned Counsel for the first respondent has also filed a counter, wherein, it is averred as follows: "The procedure for issue of No objection Certificate by this University for CRRI transfer to MBBS candidate is, the candidate has to submit his / her application along with necessary fees, N.O.C from both parent institution and from the transferee institution along with necessary documents."

5. Heard the learned counsel appearing on either side.

6. After some detailed and elaborate arguments, it is agreed by all the parties that the petitioner may be directed to submit a detailed representation before the third respondent, which shall be placed before the first respondent for appropriate orders, within a stipulated time limit.

7. Under such circumstances, this writ petition is disposed of, directing the petitioner to submit a fresh and detailed representation to the third respondent within a period of two weeks from the date of receipt of a copy of this order. On such filing, the same shall be placed before the first respondent, immediately, who in turn, is directed to consider the same and pass appropriate orders thereon, on merits and in accordance with law, within a period of four weeks thereafter, after affording an

opportunity of hearing to the petitioner. No costs. Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To:

1.The Registrar, The Tamilnadu Dr.M.G.R.Medical University No.62, Anna Salai, Guindy, Chennai - 600 032. 2.The Director of Medical Education, Kilpauk, Chennai - 600 010.

+1cc to M/s.ISSAC CHAMBERS,Advocate,SR.88578 +1cc to Mr.C.KARTHIK,Advocate,SR. 88337 +1cc to Mr.K.K.KANNAN,Advocate,SR. 88396 W.P(MD)No.13244 of 2017 21.11.2017 rm KK/SKN RSK/SAR 2/22.11.2017/ 3P- 6C