Josephine Sebastian v. Secretary To Government, Health And Family Welfare Department
2015-08-07
A.V.RAMAKRISHNA PILLAI
body2015
DigiLaw.ai
JUDGMENT : A.V. RAMAKRISHNA PILLAI, J. 1. The petitioner is aggrieved by the non-return of original certificates of qualifications and other documents by respondents 2 & 3 on discontinuance of BDS course by her. The petitioner had joined the BDS course in Century International Institute of Dental Sciences and Research Centre, Poinachi, Thekkil P.O., Kasaragod District during the academic year 2013-14. She remitted Rs. 4,50,000/- towards fee of the 1st year of the course on 02/07/2013 and an amount of Rs. 24,000/- towards hostel fee on 25/09/2013. The class for BDS course started on 25/09/2013. However, the petitioner fell ill on 30/10/2013 and discontinued the course due to mental depression within a short period of joining the course. She had submitted the original certificates of her qualifications and three cheque leafs to respondents 2 & 3 at the time of admission. According to the petitioner, she is in need of her certificates of qualifications to join some other course and to continue her studies. When petitioner and her mother approached respondents 2 & 3 for return of certificates and other documents submitted at the time of admission to the BDS course, she was told that for releasing the documents, the entire fee of the course has to be remitted. Aggrieved by the delay in releasing original certificates, the petitioner's mother submitted Ext. P6 letter to respondents 2 and 3 requesting return of certificates. The 2nd respondent issued Ext. P7 reply stating that the request is to be decided by the management as per the Rules and Regulations of the University, Dental Council of India and legal bodies. The petitioner alleges that her fundamental right to continue education is infringed due to the delay in return of original certificates of her qualification. Therefore, she approached this Court seeking favourable orders directing respondents 2 & 3 to return original certificates of qualifications and other documents submitted by the petitioner at the time of admission to the BDS course. 2. Though notice has been served on respondents 2 and 3, they did not enter appearance. 3. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel for the respondent University. 4. As evident from Ext. P3 discharge summary, the petitioner was hospitalised for treatment for psychic problems.
2. Though notice has been served on respondents 2 and 3, they did not enter appearance. 3. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel for the respondent University. 4. As evident from Ext. P3 discharge summary, the petitioner was hospitalised for treatment for psychic problems. According to the petitioner, when she rejoined the course after rest, the hostel authorities of the college were not ready to readmit her to the hostel due to her illness. As she is residing 100 km away from the college, she was forced to discontinue the course. Therefore, after 3 months' study, she left the course. Now, the present stand taken by the college authorities is that the petitioner has to pay the entire fees payable for the entire duration of the course. Evidently, the college authorities have obtained some blank undated cheques to be used against the petitioner in the event of non-remittance of the fee. On a specific query put by me during the course of the argument as to whether the college authorities have initiated any action against the petitioner, the learned Standing Counsel answered in the negative. It was submitted by the learned counsel for the petitioner that the only grievance of the petitioner is regarding the withholding of the testimonials of the petitioner, for which the college authorities are not legally entitled. It is also relevant to note that the petitioner has subsequently joined another college for B.A. (English). Therefore, for continuing her studies, the petitioner has to get the testimonials back. Therefore, the writ petition is disposed of directing respondents 2 & 3 to release the original certificates (Exts. P4 & P5) of the petitioner and the original cheque leafs (Ext. P6) on production of a copy of this judgment without fail.