Madras High Court
D. Srividhya vs The State Of Tamil Nadu on 22 May, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A. No. 1512 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.05.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
W.A. No. 1512 of 2025
D. Srividhya Appellant
vs.
1. The State of Tamil Nadu,
Represented by the Principal Secretary to Government,
Health, Medical Education and Family Welfare,
Secretariat, Fort St. George,
Chennai 600 009.
2. The Commissioner of Indian Medicine and Homeopathy,
Department of Indian Medicine and Homeopathy,
NSK Nagar, Arumbakkam,
Chennai 600 106.
3. The Principal,
Excel Medical College for Naturopathy and Yoga,
Ranganoor Road,
Komarapalayam, Namakkal District. Respondents
Page Nos.1/6
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W.A. No. 1512 of 2025
Writ Appeal filed under Clause 15 of the Letter Patent praying to
set aside the order passed by the learned Judge in Writ Petition
No.17651 of 2024 dated 27.11.2024.
For Appellant Mr. M.R. Elavarasan
For RR 1 & 2 Mrs. M. Sneha
Special Counsel
For RR 3 Mr. A. Bharathi
for Mr. Kandhan Doraisamy
JUDGMENT
[made by G.R.SWAMINATHAN, J.]
Heard both sides.
2. The appellant belongs to Most Backward Community and her
family is having an annual income of a little over one lakh. The
appellant joined Bachelor of Naturopathy and Yoga Science Course in
the 3rd respondent college in the academic year 2023-24 and had paid
a fee of Rs.1,65,000/- for the first year. The appellant states that she
could not pay the fee for the remaining years and therefore, she had
to abandon the course. All that the appellant wanted was return of her
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original certificates collected by the 3rd respondent at the time of
admission.
3. The 3rd respondent pointed out that the appellant had to pay a
sum of Rs.1,00,000/- to the account of the 2nd respondent and only
thereafter she can collect back her certificates.
4. It is true that such a condition was stipulated in clause 22 of
the prospectus, which reads as follows:
"(i) Candidates selected for admission and his/her
parent/guardian will have to execute an Agreement Bond
as prescribed in Appendix-II. Failure to execute the
Agreement Bond will lead to cancellation of selection;
(ii) Candidates who discontinue the course on or
after the last cut off date for admission process for the
academic session 2023-24 and on any date of the
subsequent year are bound by the bond and thereby they
shall have to pay a sum of Rs.1,00,000/- (Rupees One
Lakh only) as penalty for having breached the contract in
the bond by means of Demand Draft drawn in favour of
the Director of Indian Medicine and Homoeopathy, Chennai
106 payable at Chennai."
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Pursuant to the said condition, the appellant also executed a bond at
the time of admission. Citing the said condition in the prospectus, the
learned Single Judge dismissed the Writ Petition filed by the appellant.
Challenging the same, the present Writ Appeal has been filed.
5. Learned Special Counsel appearing for the 2nd respondent as
well as the counsel for the 3rd respondent submitted that the impugned
order does not call for interference and that the appellant is fully
bound by the conditions set out in the prospectus and she could not
wriggle out of the consequences following thereafter.
6. We consciously refrain from going into the legal aspects of the
matter. The facts in hand are truly exceptional. Therefore, we direct
the 2nd respondent, who in turn shall instruct the 3rd respondent, to
return the appellant's original certificates forthwith without any delay.
The order of the Single Judge is set aside. The Writ Appeal is allowed.
No costs.
(G.R.S., J.) (V.L.N., J.)
22.05.2025
BGA/NSD
Index : Yes/No
NC : Yes/No
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To
1. The State of Tamil Nadu,
Represented by the Principal Secretary to Government,
Health, Medical Education and Family Welfare,
Secretariat, Fort St. George,
Chennai 600 009.
2. The Commissioner of Indian Medicine and Homeopathy,
Department of Indian Medicine and Homeopathy,
NSK Nagar, Arumbakkam,
Chennai 600 106.
3. The Principal,
Excel Medical College for Naturopathy and Yoga,
Ranganoor Road,
Komarapalayam, Namakkal District.
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G.R.SWAMINATHAN, J.
and
V. LAKSHMINARAYANAN, J.
bga/nsd
22.05.2025
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