IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2011
CORAM:
THE HONOURABLE MR.JUSTICE T. RAJA
W.P.No.12510 of 2011
Sandeep Mandal ... Petitioner
Versus
1.The M.G.R. Medical University
Guindy
Chennai 600 0032
2.The Chairman
Madha Dental College
Madha Nagar
Kundrathur
Chennai 600 069
3.The Principal
Madha Dental College
Madha Nagar
Kundrathur
Chennai 600 069 ... Respondents
Writ Petition is filed under Article 226 of Constitution of India for the relief as stated therein.
For Petitioner : Mr. A.Athimoolam &
Mr. Sandeep Mandal (Party-in-Person)
For R1 : Mr. R.Kannan
Government Advocate
For R2 & R3 : No Appearance
ORDER
The petitioner-Sandeep Mandal has filed the present Writ Petition seeking for the issuance of a Writ of Mandamus, directing the respondents to return the transfer certificate given by him at the time of admission in July 2008.
2. Today, the learned counsel for the petitioner as well as the petitioner are personally present before this Court.
3. The only short prayer made in the present Writ Petition is that the petitioner at the time of joining the BDS Course in the third respondent’s Madha Dental College, in July 2008, the third respondent has collected Rs.1,80,000/- as Tuition and Hostel fees by issuing a receipt for only Rs.1,05,000/-. The petitioner subsequently wrote the first year examination in August 2009 and cleared two papers out of three papers. But, however, in view of keeping one subject as arrears, he was not promoted to second year course. The further case of the petitioner is that when he was not promoted to the second year even without allowing the petitioner to attend the second year classes, he was again made to pay the second year Tuition and Hostel fees of Rs.1,80,000/-. Though the petitioner failed to clear the arrears in the first year, he was neither promoted to the second year nor permitted to attend the classes for the second year.
4. Learned counsel appearing for the petitioner has submitted that though he was not permitted to attend the second year by the third respondent, the respondents have received the fees of Rs.1,80,000/- for the third year and though he has paid the said amount both in the years 2009 and 2010, after receiving the Tuition fees amount of Rs.1,80,000/- for second year, the third respondent issued receipts only for Rs.1,05,000/-. In view of the problem faced by the petitioner, the petitioner’s father visited the petitioner’s hostel and when both the petitioner and his father approached the respondents, to return the original certificates given by the petitioner at the time of admission in July 2008, there was no response when his written representations dated 10.05.2011 given by the petitioner and the petitioner’s father renewing the request to return the original certificates of the petitioner proved futile left with no other remedy, the petitioner has come to this Court.
5. Mr.R.Kannan, learned Government Advocate appearing for the first respondent submitted that there has been a standing instruction given by all the colleges situated in the state of Tamil Nadu not to withhold the mark sheets and certificates as it has to be given to those students, who want to leave the educational institutions, but some of the colleges are not strictly following the said instructions. Hence he left it to the Court to pass suitable order.
6. There is no representation on behalf of the respondents 2 and 3 and no counter has been filed by them.
7. When the petitioner has joined the third respondent’s college in the year July 2009 he has paid a sum of Rs.1,80,000/- as Tuition and Hostel fees, for which two receipts only for a sum of Rs.1,05,000/- were alone issued. Copies of the receipts are also enclosed along with this Writ Petition. Further, a copy of Demand Draft dated 06.06.2009 for Rs.1,50,000/- bearing the name of the Chairman, Madha Dental College and Hospital, shows that the petitioner has also paid his Tuition as well as Hostel fees for the year 2009 meant for the second year, for which also the third respondent has issued a receipt No.338, dated 16.06.2009, for Rs.75,000/- and followed by another receipt No.179, dated 25.10.2009, for Rs.30,000/-. Even for the year 2010 also, the third respondent has issued a receipt No.363, dated 21.06.2010, for Rs.30,000/- towards hostel fees and followed by another receipt No.1389, dated 21.06.2010, for Rs.30,000/- towards tuition fees. All those documents show that the petitioner has paid the fees not only for the first year and also for the second and third years, but without attending the classes. The third respondent has received the tuition fees along with the hostel fees but when the petitioner wants to leave college for the reason best known to him, the third respondent has no reason to withhold the certificates. Secondly, the petitioner who is personally present before this Court also stated that he is not asking for return of fees, but he is asking for the return of mark sheets and other certificates given by him to the third respondent at the time of joining the third respondent’s college in July 2008, without insisting upon any more fees. Since the petitioner failed to clear his one arrears paper in the first year, the third respondent College refused to permit the petitioner to attend his second and third year classes. When he was not permitted to attend his second and third year classes, yet the receipts mentioned above show that the third respondent has collected tuition fees for the second and third years. Be that as it may, now the petitioner is willing to pursue his studies by joining some other College, therefore, the third respondent is directed to return all the certificates given by the petitioner at the time of joining the third respondent’s college in July 2008, within a period of one week from the date of receipt of a copy of this order without insisting upon any more fees.
8. In view of the above direction, the Writ Petition is allowed. No costs.
smn
To
1.The M.G.R. Medical University
Guindy
Chennai 600 0032
2.The Chairman
Madha Dental College
Madha Nagar
Kundrathur
Chennai 600 069
3.The Principal
Madha Dental College
Madha Nagar
Kundrathur
Chennai 600 069