S. S. Naveen Kumar v. Tamilnadu Dr. M. G. R. Medical University, Rep. By its Registrar, Anna Salai, Guindy, Chennai
2012-06-14
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of Mandamus, directing the respondent 1 and 2 to return the petitioner's original certificates, deposited by him, at the time of admission, i.e., transfer certificate, community certificate and the Higher Secondary Exam Mark sheet (+2). 2. The petitioner joined D.D. Medical College & Hospital, which is affiliated to the Tamilnadu Dr. M.G.R. Medical University for M.B.B.S. Course in the session 2010=2011. The examination for the first year M.B.B.S. Course was to start from 01.08.2011. It is submitted, that no examination was conducted by the 1st respondent on the date fixed. The petitioner, therefore, wrote the examination of first year M.B.B.S., with the respondent University on 03.08.2011 3. The petitioner filed a complaint with the Guindy Police Station on 05.08.2011, alleging assault on him by the students and staff of respondent no.2. It is the submission of petitioner that the petitioner wanted to sit in the examination in pursuance to the interim order passed by this Court, but he was threatened and not allowed to sit in the examination, for which he again lodged a complaint with the Police. 4. The petitioner had filed W.P.No.19366 of 2011, seeking migration to some other college. The writ petitioner was dismissed, as the request of petitioner was found to be contrary to the University regulations, dealing with migration of students. 5. The petitioner admittedly has failed in the 1st year M.B.B.S. Exam. 6. The submission of petitioner is, that he will not be able to write supplementary examination in the college, therefore, he is not willing to continue his studies with respondent no.2 and has opted to discontinue his study. 7. The petitioner, therefore, made a request to respondent no.2 for return of all the original certificates deposited by petitioner. 8. Learned counsel for the petitioner contends, that the petitioner intends to compete afresh for admission in M.B.B.S. or some other course in the next year, but does not want to continue his studies with respondent no.2. 9. It is the submission of petitioner, that the transfer certificate and other certificates submitted by petitioner with respondent no.2 have been sent to respondent no.1.
9. It is the submission of petitioner, that the transfer certificate and other certificates submitted by petitioner with respondent no.2 have been sent to respondent no.1. The learned counsel for respondent no.1 has disputed this fact, by stating, that certificates submitted by petitioner have not been sent to the University, but are in custody of the college, i.e. respondent no.2. 10. Learned counsel for the petitioner states at the bar, that the requisite fee for the studies undertaken till date, already stands paid to respondent no.2 and there are no dues outstanding on this account. 11. Learned counsel for the petitioner on the pleaded facts vehemently contends, that the respondent no.2 has no right to retain the certificates of a candidate, who has decided to quit the college to pursue his studies elsewhere in accordance with law. 12. Notice of this writ petition was issued to respondent no.2. Inspite of service of notice, there is no representation on behalf of the respondent no. 2, The averments made in the writ petition, therefore, go unrebutted. In view of undisputed facts, that the petitioner does not want to continue with his studies with respondent no.2, and that he has paid all the dues outstanding for the period, he studied in the college, there is no justification with respondent no.2 to retain the original certificates or to deny issuance of demanded certificate. 13. Consequently, this writ petition is allowed. A writ in the nature of Mandamus is issued, directing the respondent no.2 to return all the original certificates, submitted by petitioner. 14. The needful be done within 15 days of the receipt of certified copy of this order. No costs.