Madras High Court
P.Karthikeyan vs The Dean on 3 June, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.20459 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.20459 of 2022
P.Karthikeyan ... Petitioner
Vs.
1.The Dean,
Chettinad Hospital and Research Institute,
Kelambakkam,
Chennai
2.The Registrar,
Chettinad Hospital and Research Institute,
Kelambakkam,
Chennai
3.The Director,
MGR Medical University,
Guindy, Chennai ... Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of
India praying to issue a Writ of Mandamus directing the respondents to
issue the petitioner's MBBS degree certificate, along with Transfer
Certificate and Provisional Certificate in his favour, as he has successfully
completed degree in the month of February 2019 and his Registration
No.52076349 within the time frame to be fixed by this Court.
For Petitioner : Mr.S.L.Venkatesan
For Respondents
1/8
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W.P.No.20459 of 2022
For R1 & 2: Mr.D.Pandarinath
For R3 : Mr.Mohammed Gouse,
Standing Counsel
ORDER
This writ petition has been filed for direction to the first
respondent to issue the petitioner's MBBS degree certificate, transfer
certificate and provisional certificate.
2. The petitioner had completed his MBBS course on 1st of
April 2020 in the first respondent college. The petitioner had joined in the
course of MBBS in the year 2007 and the first respondent is affiliated to
the third respondent through Government counselling. However, during
the year 2008, the first respondent college conferred as Deemed
University. The petitioner had joined the first respondent college and had
paid fess for 4 ½ years to the tune of Rs.14,00,000/-. After completion of
his course, the petitioner was denied to provide his degree certificate,
transfer certificate and course completion certificate on the ground that
the petitioner failed to pay the break fees. Therefore, the petitioner
submitted representation seeking issuance of degree certificate, transfer
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certificate and the provisional certificate.
3. On perusal of the counter filed by the first respondent
revealed that though the petitioner had joined in the course of MBBS
degree in the year 2007-2008 batch, he had completed his final year only
in the month of April 2020. He had completed CRRI training at Chettinad
Hospital and Research Institute from 2019-2020 and about to leave the
course after prolonged stay till 2020. The petitioner's batch of students
had completed their final year in the year 2012 itself, but the petitioner
had completed his MBBS course in the year 2020. The petitioner had
cleared his first year exam arrear papers in the month of August 2010.
The petitioner had completed his second year in the month of February
2015 and the third year in the month of February 2016 and final year has
been completed by the petitioner in the month of February 2019 and he
completed his internship in the month of April 2020. The petitioner had
paid tuition fee at the rate prevailing in the year 2007 i.e. Rs.3,00,000/-
per annum till 2011. The petitioner ought to have paid the break fees
from the first to final year breaks to the tune of Rs.16,50,000/-. It was
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clearly explained to the petitioner while asking for certificates. Because of
the petitioner's retention in the course for long period, the first respondent
is bound to pay affiliation fees of Rs.9,00,000/- and administrative fees of
Rs.6,00,000/- per annum to the third respondent University. Therefore,
the request made by the petitioner is still pending with the first
respondent.
4. Though the petitioner had completed his course in the year
2020, he was allowed to continue his internship with the first respondent.
It is relevant to rely upon the judgment of this Court in the case of
Muthukamatchi Vs. Director of Technical Education, Anna University
and others reported in 2013 1 CTC 595, wherein this Court held that the
certificates of the daughter of the petitioner therein represent her
property. They cannot be retained by the college at any rate. Even if the
college has any monetary claim, the rejection of the said certificate is not
the method by which, the claim can be enforced. There is no lean on the
certificates of the petitioner's daughter.
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5. The above judgment is squarely applicable to the case on
hand. Therefore, the first respondent has no right to hold the certificates
of the petitioner. The certificates of the petitioner were not pledged with
the first respondent to hold charge over the certificates. Therefore, the
first respondent cannot hold the certificates of the petitioner for recovery
of break fees. After completion of medical course by the petitioner in the
year 2020, he is struggling lot without the original degree certificate of his
MBBS course.
6. Therefore, the first respondent is directed to return the
original certificates of the petitioner which were produced at the time of
his admission to the MBBS course, MBBS degree certificate and transfer
certificate forthwith. However, it is open to the first respondent to initiate
appropriate proceedings to recover the break fees, if any, as against the
petitioner and the period of pendency of this writ petition may be
excluded while calculating the limitation.
7. With the above direction, this writ petition stands allowed.
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There shall be no order as to costs.
03.06.2024
Neutral citation: Yes/No
Index: Yes/No
Speaking/Non-speaking order
lok
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To
1.The Dean,
Chettinad Hospital and Research Institute,
Kelambakkam,
Chennai
2.The Registrar,
Chettinad Hospital and Research Institute,
Kelambakkam,
Chennai
3.The Director,
MGR Medical University,
Guindy, Chennai
https://www.mhc.tn.gov.in/judis
G.K.ILANTHIRAIYAN, J.
lok
03.06.2024
https://www.mhc.tn.gov.in/judis
