Roopasree.M.S v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.14820 of 2022 1.Dr.M.S.Roopasree 2.Dr.Ansha Eldhose ... Petitioners Vs.

1.The State represented 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, Represented by its Secretary, Pocket 14 Sector-8 Dwarka Phase I, New Delhi - 110 077.

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5.Madurai Medical College, Represented by its Dean, Madurai - 20.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the fifth respondent to release / return the original certificates retained by the respondents during admission to Post Graduate Course and the Original Masters Degree Certificates along with the Provisional Certificates to the petitioners 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 Principal Seat of this Court within the period that may be stipulated by this Court.

For Petitioners : Mr.T.Lajapathi Roy For Respondents : Mr.V.Om Prakash Government Advocate for R.1 to R.3 & R.5 Mrs.Suba Ranjani Ananth for R.4

ORDER

Heard the learned counsel on either side.

2. The writ petitioners herein underwent Post Graduate Degree Course in fifth respondent Medical College. At the time of admission, they had undertaken to serve the Government of Tamil Nadu for a period of two years. 2/4

The petitioners have since successfully completed his Post Graduate Course. However, they are not in a position to adhere to the bond condition. Therefore, the respondents have also not returned the petition mentioned certificates to the petitioners. That led to filing of the present writ petition.

3. 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 petitioners forthwith and without any delay.

4. The writ petition is allowed accordingly. Consequently, connected miscellaneous petition is closed. No costs.

30.08.2022 Index : Yes / No Internet : Yes/ No mga To 1.The Principal Secretary Health and Family Welfare Department, Secretariat, Chennai.

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G.R.SWAMINATHAN, J.

mga 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 Secretary, National Medical Council, Pocket 14 Sector-8 Dwarka Phase I, New Delhi - 110 077.

5.The Dean, Madurai Medical College, Madurai - 20.

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