Ishwarya Niveda v. The Anna University

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD) No.5256 of 2017 Ishwarya Niveda ... Petitioner -vs1.The Anna University, Represented by the Registrar, Chennai.

2.The Commissioner, Directorate of Technical Education, 53, Sardar Patel Road, Guindy, Chennai - 600 025.

3.The Dean, Anna University, Regional Campus, Keelakyilkudi, Madurai.

4.Fatima Michael College of Engineering and Technology, represented by its Principal, Sengottai Village, Madurai Sivagangai Main Road, Madurai - 625 020.

Madurai District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the Respondents to relieve the Petitioner and return her original educational certificates viz., 1) 10th Standard Mark Sheet, 2) Bonafide cum Transfer Certificate submitted by the petitioner at the time of admission, 3) Diploma Mark Statements, 4) Migration Certificate, 5) Provisional certificate, 6) Birth Certificate, 7) Genuineness certificate, 8) Diploma ID card, 9) Diploma hostel ID card, 10) Exam admit card, 11) Community Certificate, within the time stipulated by this Hon'ble Court.

For Petitioner :

Mr.T.Lajapathi Roy For Respondents 1 & 3 :

Mr.M.Rajarajan For 2nd Respondent :

Mr.D.Muruganantham Additional Government Pleader For 4th Respondent :

Mr.M.Ramu *****

O R D E R

This writ petition has been filed, for issuance of a writ of Mandamus, directing the Respondents to relieve the Petitioner and return her original educational certificates viz., 1) 10th Standard Mark Sheet, 2) Bonafide cum Transfer Certificate submitted by the petitioner at the time of admission, 3) Diploma Mark Statements,

4) Migration Certificate, 5) Provisional certificate, 6) Birth Certificate, 7) Genuineness certificate, 8) Diploma ID card, 9) Diploma hostel ID card, 10) Exam admit card, 11) Community Certificate, within a time frame.

2.Mr.T.Lajapathi Roy, learned counsel for the petitioner would submit that though the petitioner has filed this writ petition seeking the relief of relieving the petitioner from the 4th respondent institution, it would be suffice, if the 4th respondent is directed to return all the original certificates. He would further submit that the petitioner has decided to withdraw the complaint given against the management and the students regarding eve teasing. The submissions made by the learned counsel for the petitioner is recorded.

3.Mr.M.Ramu, learned counsel appearing for the 4th respondent would submit that at the time of joining the 4th respondent college, the petitioner had produced bogus certificates and therefore, the 4th respondent has made a complaint to the respondents 1 and 2 on 28.08.2016. He would further submit that the 4th respondent has no objection to hand over all the original certificates sought for in the writ petition. He would also submit that based on the complaint of the 4th respondent, respondents 1 and 2 are conducting enquiry and the fourth respondent should not be directed by them to produce those certificates for the purpose of enquiry.

4.In view of the submissions made by the learned counsel for the parties, this Writ Petition is disposed of with a direction to the 4th respondent to return all the original certificates to the petitioner within a period of two weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(C.o.) /True Copy/ Sub Assistant Registrar.

To:

1.The Anna University, Represented by the Registrar, Chennai.

2.The Commissioner, Directorate of Technical Education, 53, Sardar Patel Road, Guindy, Chennai - 600 025.

3.The Dean, Anna University, Regional Campus, Keelakyilkudi, Madurai.

+1CC to M/S.T.Lajapathi Roy, Advocate, SR.No. 62412 +1CC to the Special Government Pleader SR.No. 62520 +1CC to M/S.M.Rajarajan, Advocate, SR.No. 62477 +1CC to M/S.M.Ramu, Advocate, SR.No. 62500 W.P.(MD) No.5256 of 2017 28.06.2017 sj AM/SV MMS/SAR 3/29.06.2017/3P/8C