Madras High Court
A.Bharath vs The Chairman on 1 April, 2021
W.P.No.6107 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2021
CORAM
THE HONOURABLE MR. JUSTICE B.PUGALENDHI
W.P.No.6107 of 2021
A.Bharath ... Petitioner
Vs.
1.The Chairman,
Sri Venkateshwaraa Medical College Hospital,
and Research Centre,
13-A, Pondy-Villupuram Main Road,
Ariyur, Puducherry – 605 102.
2. The Dean,
Sri Venkateshwaraa Medical College Hospital
and Research Centre,
13-A, Pondy-Villupuram Main Road,
Ariyur, Puducherry – 605 102 ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the respondents to allow the
petitioner to withdraw from the MBBS Course and return the original
certificates and all other documents, which were deposited by the Petitioner
at the time of joining the MBBS Course, along with the Transfer Certificate to
enable the petitioner to continue his further studies in any other
institution/course of his choice.
https://www.mhc.tn.gov.in/judis/
W.P.No.6107 of 2021
For Petitioner : Mr.V.B.R.Menon
For Respondents : Mr.Abhishek Jenasenan
ORDER
The petitioner, who is studying 3rd year MBBS Course in the 1st
respondent Medical College Hospital and Research Centre filed this Writ
petition for a Mandmaus to direct the respondents to allow the petitioner to
withdraw from the MBBS Course and return the original certificates and all
other documents, which were deposited by the Petitioner at the time of joining
the MBBS Course along with the Transfer Certificate to enable the petitioner
to continue his further studies in any other institution/course of his choice.
2. Though this petitioner has secured admission in the MBBS Course in
the year 2016-17 is unable to continue his studies in MBBS Course in the 1 st
respondent Institution due to his financial position. He therefore, made a
request to permit him to discontinue the Course and for return of his
certificates. The respondent College insisted the petitioner that the entire
fees due from him for the entire 5 years duration of MBBS Course has to be
paid by him, even though, the petitioner discontinues the Course in the 3rd
year.
3. Mr.V.B.R.Menon, learned counsel for the petitioner submitted that
as directed by the respondent Institution, the petitioner has also paid the
entire fees for the entire 5 years MBBS course as per the judgment of the
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W.P.No.6107 of 2021
Division Bench of this Court made in W.P.No.23732 of 2017 dated 8.07.2019.
However, the 1st respondent Institution failed to return the certificates
stating that as against the order of the Division Bench, a review application
has been filed and subject to the result of the review application alone, the
certificates would be returned to the petitioner. Learned counsel would
further submit that respondent college has no right to retain the original
certificates of the petitioner. Even if there is balance fee to be paid by the
petitioner, it can be recovered by the respondent College by instituting
appropriate proceedings and the return of certificates has nothing to do
with the payment of balance of fee.
4. Mr.V.B.R.Menon, learned counsel appearing for the petitioner also
relied on the following decisions in support of his contentions.
i) In 2013(1) CTC 595 (Muthukamatchi vs. Director of Technical
Education), this Court has held as follows:
“5. I would not venture to get into that
controversy, namely, whether the College is entitled
to collect the balance of fees or not. The main
grievance of the petitioner is about the Certificates
of her daughter. Those Certificates are not like fixed
deposit receipt on which, banks claim a general lean
in terms of Section 171 of the Contract Act.
Therefore, the Certificates cannot be retained at any
rate. Hence, this writ petition is allowed directing
the fourth respondent to return all the original
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W.P.No.6107 of 2021
Certificates deposited by the petitioner forthwith.
No costs.”
ii) In W.P.No.29359 of 2017 dated 24.01.2018 (Sivaraj v. The Vice
Chancellor), this Court has held as follows:
“12. In such view of the matter, this Court
holds that the fourth respondent college has no right
to retain the original certificates of the petitioner
and they cannot demand the fee, for which, the
petitioner did not study. Keeping the original
certificates and insisting for payment of dues would
amount to a sort of unfair trade practise and also
deficiency in service. Even if there is any fee to be
paid by the petitioner, it can be recovered by the
fourth respondent by instituting appropriate
proceedings. The return of certificates has nothing
to do with the payment of balance of fee.”
iii) W.P.(C) No.20027 of 2020 dated 16.09.2020 (Dipesh
Ku.Pahihari vs. Hi-Tech Medical College & Hospital) passed by the
Division Bench of Orissa High Court. The relevant portion of the said
judgment reads as follows:
“The question raised hereinabove assumes
significance in the light of the fact that this Court
is unnecessarily burdened with similar litigation at
a regular interval which is avoidable at the end of
the college authorities. Since the present petitioner
does not have any bonded obligation, his documents
submitted before the college cannot be withheld.
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W.P.No.6107 of 2021
The certificate of educational qualifications are the
most important document in so far as the career of
the student is concerned and it is most valuable
property of students. Non-availability of such
certificates or delay in producing the same may
result in deleterious consequences in so far as the
career of the students are concerned because these
are the first and foremost documents insisted by a
college or an employer.
...
It is, therefore, directed that all the original
certificates of the petitioner collected at the time
of his admission shall be released forthwith. The
aforesaid direction shall be complied within one
week from the presentation of this order. It is made
clear that the Opposite Parties shall not create any
stumbling block while releasing such original
certificates and issuing the PG certificates, mark
sheet etc. to any of the students in future. Needless
to state, if the College face any loss on account of
the conduct of any student or any dues has to be
recovered from the students, it is open for it to take
recourse to other remedy as may be available in
law.”
5. Mr.Abhishek Jenasenan, learned Counsel appearing for the
respondents would submit that though this Court has taken a decision in
W.P.No.23732/2017 prescribing the fees as Rs.19 lakhs, the respondent
Institution has filed a review application before the Division Bench and
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W.P.No.6107 of 2021
subject to the result of review application, the petitioner has to pay the
balance amount to the respondent Institution.
6. The only grievance of the respondents is that in the event, the
respondents succeed in the review application, it would be difficult for the
institution to collect the balance amount. Mr.V.B.R.Menon, learned counsel
would submit that this petitioner is one of the respondents in the review
application and he is bound by the orders of the Court and agreed to advise
the petitioner to file an affidavit of undertaking for the payment if any, on
the outcome of the litigation. Accordingly, an affidavit of undertaking has
also been filed by the petitioner before this Court.
7. Paragraphs 3 and 4 of the said affidavit are extracted as under:
3. I further state that I am aware of the fact
that the Respondent Medical College has filed a Review
Petition No.194 of 2019 which is pending for disposal
before the Hon'ble Division Bench. I am one of the
Respondents in the above Review Petition and hence I
shall be bound by the final decisions of the case.
4. I further affirm through this Affidavit of
undertaking that I would abide by the final decision in
the pending review petition and / or subsequent Special
Leave Petition to be filed, if any. I further undertake to
immediately pay to the Respondent Medical College any
amount, in excess of the actual amounts already paid by
the Petitioner towards annual fees during the 5-year
period, if any additional amount becomes payable by me
as per the final outcome of the above Review Petition
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W.P.No.6107 of 2021
and/or any SLP.
8. Mr.Abhishek Jenesenan, learned counsel appearing for the
respondents submitted that in view of the undertaking given by the
petitioner, it may not be an impediment for the Respondent Institution to
return the certificates of the petitioner.
9. Recording the above statement made by the learned counsel
appearing for the respondents and the Affidavit of Undertaking filed by the
petitioner, this Writ Petition is allowed with a direction to the respondents
to return the original certificates and all other documents deposited by the
petitioner along with the transfer certificate to the petitioner within a
period of two weeks from the date of receipt of a copy of this order. No
costs.
01.04.2021
Speaking/Non Speaking
Index : Yes / No
Internet : Yes / No
vsi
To
1.The Chairman,
Sri Venkateshwaraa Medical College Hospital,
and Research Centre, 13-A, Pondy-Villupuram Main Road,
Ariyur, Puducherry – 605 102.
2. The Dean,
Sri Venkateshwaraa Medical College Hospital
and Research Centre, 13-A, Pondy-Villupuram Main Road,
Ariyur, Puducherry – 605 102
https://www.mhc.tn.gov.in/judis/
W.P.No.6107 of 2021
B.PUGALENDHI,J.
Vsi
W.P.No.6107 of 2021
01.04.2021
https://www.mhc.tn.gov.in/judis/
