Madras High CourtWP(MD)/20166/2022allowed

Uma .P v. The State Of Tamil Nadu

2022-08-29Honourable Mr Justice G.R.Swaminathan5 pages

1 W.P.(MD)NO.20166 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.20166 of 2022 Dr.P.Uma ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. By its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai.

2. The Director of Medical Education, The Directorate of Medical Education, Chennai - 10.

3. The Deputy Director of Medical Education, The Directorate of Medical Education, Kilpauk, Chennai - 10.

4. The National Medical Council, Rep. By its Secretary, Pocket 14 Sector-8 Dwarka Phase I, New Delhi - 110 077.

5. KAP Viswanathan Government Medical College, Rep. By its Dean, Periyamilaguparai, Collectors Office Road, Trichy - 620 001.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent No.5 to release / return the original 1/4

2 W.P.(MD)NO.20166 OF 2022 certificates retained by the respondents during admission to Post Graduate Course and the original Master Degree certificates along with the Provisional Certificates to the petitioner in light of the order made in respect of similarly placed persons in W.P.No.28526 of 2021 dated 19.01.2022 as modified in W.A. No.1182 of 2022 dated 27.04.2022 on the file of the Principal Seat within the period that may be stipulated by this Court.

For Petitioner : Mr.S.Rajasekar, for Mr.T.Lajapathi Roy.

For R-1 to R-3 &R-5 : Mr.V.Om.Prakash, Government Advocate.

For R-4 : Mr.P.Murugesan, Central Government Standing Counsel.

* * *

O R D E R

The writ petitioner herein underwent Post Graduate degree course in the fifth respondent medical college. At the time of admission, she had undertaken to serve the Government of Tamil Nadu for a period of two years. In default, she had agreed to pay a sum of Rs.40,00,000/- as 2/4

3 W.P.(MD)NO.20166 OF 2022 damages. The petitioner has since successfully completed her post graduate course. However, she is not in a position to adhere to the bond condition. Therefore, the respondents have also not returned the petition mentioned certificates to the petitioner. That led to filing of the present writ petition. 2.It is well settled that educational certificates of the students are not marketable commodities and there can be no lien on them under Section 171 of the Indian Contract Act. In a number of similar cases, direction for return of the certificates had been granted and the Government had also complied with the same. In these circumstances, the fifth respondent is directed to return the petition mentioned certificates along with Provisional Certificate in original to the writ petitioner forthwith and without any delay. 3.This writ petition stands allowed accordingly. No costs.

29.08.2022 Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.20166 OF 2022 G.R.SWAMINATHAN,J.

PMU To:

1. The State of Tamil Nadu, Rep. By its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai.

2. The Director of Medical Education, The Directorate of Medical Education, Chennai - 10.

3. The Deputy Director of Medical Education, The Directorate of Medical Education, Kilpauk, Chennai - 10.

4. The National Medical Council, Rep. By its Secretary, Pocket 14 Sector-8 Dwarka Phase I, New Delhi - 110 077.

5. KAP Viswanathan Government Medical College, Rep. By its Dean, Periyamilaguparai, Collectors Office Road, Trichy - 620 001.

W.P.(MD)No.20166 of 2022 29.08.2022 4/4

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