( 1 ) THE appeal is taken up and disposed of. ( 2 ) THE appellant, namely, Dr. Monica Kumar and her brother Dr. Manish Kumar were both admitted to the same Medical College which is respondent before us. The admission was made on NRI quota and the father of the two students paid 50,000 dollars, apiece for their admission, i. e. about Rs. 25 lac for each. The brother of the appellant has already completed his course and obtained the four usual certificates issued in cases of successful completion. One is a pass certificate, another is a character certificate, the third is an internship certificate and the fourth is an attempt certificate, last of which would be a valuable one in case the students pass in the first attempt. One of its values is regarding admission to Post Graduate Courses. ( 3 ) IT is not in dispute that when the matter was before the Honble Single Judge, the certificates contained an endorsement, that the character of the appellant was not satisfactory. The certificates issued were thus spoilt certificates because of this negative entry. The brothers certificates were all in order and he never had any complaints. From the facts the genesis of these spoilt certificates is quite clear. Apart from the donations the trust attached to the Medical college had taken a loan of another Rs. 25 lac or so from the appellants father. This loan was taken in April 2000 which was not returned easily. Criminal cases have been filed. Postdated cheques were issued in 2003, not all of which were duly honoured upon presentation. It is said that the money has now been paid back with interest. Be that as it may, we have not been abide to observe from the facts and papers before us, any unusual behaviour on the part of the appellant except that she might have protested against her fathers money not being returned in time. ( 4 ) IT is not unusual that a daughter feels strongly about her father being ill treated by anybody. If the loan had been not taken (although it is in the region of conjecture and hypothesis) no problem would have arisen at all, in so far as the appellants behaviour and protests are concerned.
( 4 ) IT is not unusual that a daughter feels strongly about her father being ill treated by anybody. If the loan had been not taken (although it is in the region of conjecture and hypothesis) no problem would have arisen at all, in so far as the appellants behaviour and protests are concerned. ( 5 ) WE find from the judgment of the Honble Single Judge that his Lordship refused full relief to the appellant on the basis that there was no statutory liability or rule requiring issuance of all four certificates to a successful candidate. His Lordship also found that the signature of the deans of faculties under whom, or in whose department the appellant concerned completed her internship need not sign the internship certificate. ( 6 ) WITH the greatest of the respect to the learned Judge we are not in agreement with his Lordship that the certificates cannot or should not be ordered to be issued to the appellant just because there is no written law in that regard. Certain Universitys requirements like the Aligarh Muslim university show that an attempt certificate is necessary for admission to post graduate courses. ( 7 ) IN our opinion one of the chief sources of law and one of the chief sources of peoples rights is custom, usage and practice. This source is regarded as equally important and as useful as written law and Judge made law. It is not in dispute that the appellants brother has got all the four certificates in accordance with the usual practice followed by the Medical College and that is the usual legitimate expectation of all students who complete their courses and pass their examinations. ( 8 ) IN this view of the matter, we are unable to uphold the learned Single Judges judgment. A certificate was issued even before the first Court where the non-satisfactory endorsement was cancelled and changed into satisfactory by cancelling the word not. The fresh certificate was issued and the old certificate issued was undertaken to be returned within a week which has been done. We find that even on this, there is dispute and the College says that old certificate has not been returned; in any event a spoilt certificate is of no use to the appellant.
The fresh certificate was issued and the old certificate issued was undertaken to be returned within a week which has been done. We find that even on this, there is dispute and the College says that old certificate has not been returned; in any event a spoilt certificate is of no use to the appellant. She has now got atleast one good certificate from the college even according to the order under appeal, and so far as this part of the judgment under appeal is concerned and the good certificate that has been issued by the College in that regard, we uphold the judgment under appeal and the actions taken thereunder. As far as the rest of the judgment concerned, the same is reversed by us. The justice of the case requires certificates to be issued in usual course. As such the writ petition allowed in toto and all the prayers are allowed. We specifically made clear that we are not forcing any party to compound any crime proceedings which might have been started ; those will run their usual course in law. Let the fresh certificates without any endorsement unsatisfactory character of the appellant, be issued to the appellant prayed for in the writ petition within the course of one week. ( 9 ) THE appeal and the application are finally disposed of. As we are not called for any affidavit in the stay application, the averments made in the application cannot be taken to be admitted before us. . .