[Cites 4, Cited by 0]

Madras High Court

M.Meena Vignesh vs The State Of Tamil Nadu on 9 March, 2026

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

    2026:MHC:971



                                                                                            W.P.No.49758 of 2025

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                          Orders reserved on : 16.02.2026

                                        Orders pronounced on : 09.03.2026

                                                        CORAM :

                     THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                             W.P.No.49758 of 2025
                                          and W.M.P.No.55643 of 2025

                    M.Meena Vignesh                                                .. Petitioner

                                                           Versus

                    1. The State of Tamil Nadu,
                       Rep. by its Secretary, Ministry of Health
                       & Family Welfare,
                       Namakkal Kavingar Maaligai,
                       Fort St. George,
                       Chennai – 600 009.

                    2. The Director,
                       Directorate of Medical Education,
                       No.162, Periyar E.V.R. High Road,
                       Kilpauk, Chennai – 600 010.

                    3. The Registrar,
                       The Tamil Nadu Dr MGR Medical University,
                       No.69, Anna Salai,
                       Guindy,
                       Chennai – 600 032.

                    4. The Dean,
                       JKKN Dental College and Hospital,
                       Natarajapuram, Kumarapalayam,
                       Namakkal District – 638 183.                                .. Respondents

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                                                                                             W.P.No.49758 of 2025



                    Prayer : Writ Petition filed under Article 226 of the Constitution of India
                    seeking a Writ of Declaration, declaring the clause (6) in Agreement bond,
                    dated 11.09.2023 executed by the petitioner at the time of admission to the
                    respondent No.4 college as null and void, not binding on the petitioner as
                    he discontinued the course.

                                  For Petitioner           : Ms.B.N.Sinega

                                  For Respondent           : Mr.E.Sundaram,
                                                             Government Advocate for R1

                                                           : Mrs.M.Sneha, Standing Counsel for R2

                                                           : Mrs.C.Latharani, Standing Counsel for R3

                                                           : Mr.N.Manokaran, for R4


                                                               ORDER

This Writ Petition is filed for a Writ of declaration declaring

clause (6) in the bond agreement dated 11.09.2023, executed by the

petitioner at the time of admission to the fourth respondent college, as null

and void and not binding on the petitioner, as he discontinued the course.

2. The petitioner, upon completing XII standard and scoring 409

marks in the NEET examination, secured admission in the fourth

respondent college, namely, JKKN Dental College and Hospital,

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Natarajapuram, Kumarapalayam, Namakkal district, for the academic year

2023-2024. The petitioner had attempted to commit suicide on

27.08.2024. He had to spend a large sum of more than Rs.6,00,000/- for

protracted treatment and, afterwards, he rejoined the college. Again, being

unable to cope with the academic pressure, the petitioner attempted to

commit suicide by hanging in the hospital room and was rescued by his

classmates. Thereafter, he discontinued the course and enrolled in a

B.Tech., Engineering course at another institution. When the other

institution demanded the production of original documents, the petitioner

approached the fourth respondent college. The college refused to hand

over the original documents, and therefore, the petitioner is before this

Court.

3. Even though the petitioner sought larger relief, considering

the judgment of the Hon’ble Supreme Court of India in Association of

Medical Super Speciality Aspirants and Residents Vs. Union of India

and Ors.1, the learned Counsel argued only for the return of the

certificates. The learned Counsel highlighted the extreme circumstances

where the petitioner was initially helped by his grandmother and, due to

1 (2019) 8 SCC 607

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depression and medical expenses, the petitioner had to undergo treatment.

4. In reply thereto, the learned Counsel for the fourth respondent

would cite the Division Bench judgment of this Court in Director of

Medical Education and Anr. Vs. M. Aarthy 2 in support of the proposition

that the original certificates can be returned only if the bond amount is paid

by the petitioner. Under the said circumstances, both sides’ learned

Counsel presented the judgments for and on behalf of the proposition and

emphasised their respective points.

5. The point for consideration is that whether the petitioner will

be entitled for return of the original certificates without payment of the

bond amount.

6. In this regard, the relevant clauses in the bond are extracted

hereunder for ready reference:-

“(6) The candidates who discontinue the course on or after the cut- off date fixed by the National Medical Commission/Dental Council of India (Which will be Intimated later) of the year of admission and in any date of subsequent years should be pay a sum of Rs.10,00,000/- (Rupees Ten Lakh Only) as penalty. (7) Any sum falling due from the candidate under this agreement shall be recovered from him/her as an arrear of land revenue.” 2 2019 SCC OnLine Mad 28115

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Thus, it can be seen that the bond has been held to be valid by

the Hon’ble Supreme Court of India and the amount has to be paid by the

petitioner and upon failure thereof, it can be collected as arrears of land

revenue.

7. With reference to the return of certificates, as in the case of

the petitioner, it must be seen that a later division Bench judgment in

Dr.Nirmal M. Vs. The State of Tamilnadu and Ors. (W.A. No. 2256 of

2022) ordered that the certificates are to be returned. This is not a case of

medical bond service where there are express clauses in the prospectus to

retain the certificates. This is an extreme case of the petitioner being

unwell, and the facts are stated supra. Under the conditions, the petitioner

must be helped, encouraged and aided to use his learning/education, for

there can be no damage to the same ("கேடில் விழுச் செல்வம்") and that it

should come to his rescue always (" கல்வி ஒருவற் கெழுமையும் ஏமாப்

புடைத்து"). It is to be noted here that bearing the principles in mind, even

the University Grants Commission, while framing the University Grants

Commission (Grievance Redressal) Regulations, 2018, had included

withholding of documents within the definition of the term ‘grievances’

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under Regulation 2(f).

8. In view thereof, this Writ Petition is disposed of on the

following terms:-

(i) The prayer of the petitioner to declare the clause (6) in the

agreement bond, dated 11.09.2023 as illegal stands rejected. The college

authorities will be entitled to recover the sum due from the student as if

there were arrears of land revenue.

(ii) However, the certificates/documents of the petitioner should

be returned within one week from the date of receipt of the web copy of

the Order without waiting for a certified copy of this order.