IN THE HIGH COURT OF JUDICATURE AT MADRAS
PUSHPA SATHYANARAYANA, J.
P.Rabbani Khan - Petitioner
Vs
Saveetha School of Engineering – Respondent
W.P.No.40601 of 2016
Decided on : 01-06-2017
Writ Petition - Issuance of Certificates - [Writ Petition] - [Transfer Certificate, XII Standard Mark Sheet, X Standard Mark Sheet, Conduct Certificate and Community Certificate] - The court referenced and discussed the following acts and sections: (i) The court referred to previous orders in W.P.No.12923/2003, W.P.Nos.27809 to 27811 and 27973 to 27975/2014, and W.P.No.14471/2015, and cited relevant portions of these orders. (ii) The court also mentioned orders from other cases such as Crl.O.P.No.9920/2012, W.P.(MD) No.14394 of 2012, and W.P.No.12778/2013. The court analyzed the legal provisions related to the retention of certificates by educational institutions and the rights of students to obtain their original certificates upon completion of their courses. The court emphasized that the university had no authority to retain the petitioner's certificates and directed the respondent college to return the original certificates to the petitioner within two weeks.
Fact of the Case:
The petitioner completed XII Standard at a secondary school and opted for B.E. (Civil Engineering) in a college. After requesting the return of his original documents, the college refused to return them unless he paid the entire course fee for 4 years. The petitioner filed a Writ Petition seeking the return of his certificates.
Finding of the Court:
The court found that the respondent had no authority to retain the petitioner's certificates and directed the college to return the original certificates to the petitioner within two weeks. The court also stated that the respondent could initiate appropriate legal proceedings to recover the fees due from the petitioner.
Issues: The main issue was the refusal of the college to return the petitioner's original certificates unless he paid the entire course fee for 4 years.
Ratio Decidendi: The court held that the university had no authority to retain the petitioner's certificates and emphasized the rights of students to obtain their original certificates upon completion of their courses.
Final Decision: The Writ Petition was disposed of, and the respondent college was directed to return the original certificates to the petitioner within two weeks. The respondent was also given the liberty to initiate appropriate legal proceedings to recover the fees due from the petitioner.
The Writ Petition is filed seeking to issue a Writ of Mandamus, directing the respondent to issue petitioner's Transfer Certificate, XII Standard Mark Sheet, X Standard Mark Sheet, Conduct Certificate and Community Certificate.
2. The case of the petitioner is that he completed his XII Standard at EVE Matriculation Secondary School, Triplicane, Chennai-5 during the academic year 2013-14 and scored 752 marks. He opted to go through the Management Quota for B.E. (Civil Engineering) in the respondent college which is an Educational Institution running under Saveetha University. At the time of joining, as demanded by the respondent college, he paid the necessary fees and original documents, such as, Transfer Certificate, Higher Secondary Course Mark Sheet, X Standard Mark Sheet, Conduct Certificate and Community Certificate have also been collected from him by the respondent college. Apart from that, without assigning any reason, his signatures were obtained in blank papers and a stamp paper.
3. The further case of the petitioner is that due to some personal reasons, he could not pursue his studies further. Therefore, he informed the same to the respondent and requested to return all the original documents to him. Though, his request was initially agreed by the respondent, later, they refused to return the originals stating that the petitioner should pay the entire course fee for 4 years which comes to Rs.3,00,000/-. Therefore, the petitioner issued a legal notice dated 24.09.2016 in this regard. In response to the same the respondent asked him to meet the Principal on 13.10.2016 on which date, the Principal promised to return the originals and requested the petitioner to execute a ''No Claim Certificate'' on a stamp paper and produce the same and thereafter, he will return all the originals. Accordingly, the petitioner met the Principal on 17.10.2016 wherein he was informed to get ''No Due Certificate from HODs.'' of various departments. In this exercise, Mr.Vetri of the Finance Department demanded a sum of Rs.60,000/- from the petitioner for getting back the original certificates. It shows the attitude of the respondent college not interested in returning the certificates. Hence, the present Writ Petition.
4. A detailed counter affidavit has been filed by the respondent in which it is stated that the respondent is ready to return the originals on production of ''No Dues Certificate'' from the relevant departments of the college and the Accounts Department which procedure is followed by the University in respect of all the students who discontinue the course in the middle. Since the same was not produced by the petitioner, the originals were not returned. At no point of time, the respondent has demanded the entire course fee for four years. It is further submitted that the petitioner was asked to pay the remaining part of the tuition fee for the academic year 2013-14 which he had attended. Since the petitioner did not pay the fees for the 1st year after undergoing the 1st year course, the official of the Accounts department insisted him to deposit a sum of Rs.60,000/- towards the balance amount of tuition fee for the academic year 2013-14. Hence the present Writ Petition is liable to be dismissed.
5. Heard the learned Counsel for the petitioner and the learned Counsel appearing for the respondent-college.
6. It is to be noted that in similar circumstances, this Court in W.P.No.12923/2003 and etc. batch by a common order dated 12.12.2008 has held that the certificates cannot be retained by the authorities and accordingly disposed of the writ petitions on the following terms:
''(1) The PG Degree/Diploma Holders, who applied for their Degree/Diploma course through All India Entrance Examination for selection to All India Quota Seats and admitted to Tamil Nadu Government Medical Colleges are not bound by the terms and conditions issued by the respondents through their prospectus. Even if any candidate executed bond, it will have no
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