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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUSHRUT ARVIND DHARMADHIKARI, G.ARUL MURUGAN
Dean, JKKN Dental College and Hospital – Appellant
Versus
M.Meena Vignesh S/o. Meena Kumar – Respondent
| Table of Content |
|---|
| 1. appellant's appeal against the single judge's order. (Para 1 , 2 , 3) |
| 2. parties raised arguments regarding the return of certificates. (Para 4 , 5 , 6 , 7) |
| 3. court's reasoning on educational certificates and retention. (Para 8 , 10 , 11 , 12 , 13 , 14) |
| 4. emphasis on no infirmity in single judge's directive. (Para 15) |
| 5. conclusion to dismiss the writ appeal. (Para 16) |
JUDGMENT :
SUSHRUT ARVIND DHARMADHIKARI, J.
Heard learned counsel for the parties.
2. Challenging the order of the learned Single Judge dated 9.3.2026 passed in W.P.No.49758 of 2025, the fourth respondent therein has filed the present writ appeal.
3. The first respondent/writ petitioner has filed the writ petition to declare clause (6) of the agreement bond dated 11.9.2023 executed by him at the time of admission to the appellant college as null and void and not binding on him, as he discontinued the course. By the impugned order, while rejecting the prayer of the appellant, the learned Single Judge, passed the following order:
“8. In view thereof, this Writ Petition is disposed of on the following terms:-
(i) The prayer of the petitioner to declare the clause (6) in the agreement bond, dated 11.09.2023 as
Educational institutions cannot withhold original certificates of students for non-payment of fees as they are not marketable commodities.
The bond agreement is valid and enforceable, and the original certificates must be returned despite non-payment of the bond.
Certificates cannot be withheld on bond violations; educational documents are not marketable commodities.
Educational institutions are prohibited from withholding original certificates based on unpaid fees, as it violates constitutional rights and established regulations.
Educational institutions cannot withhold original academic certificates due to unpaid fees, which violates Articles 14 and 300-A of the Constitution.
Educational institutions cannot withhold students' original certificates due to unpaid fees, affirming students' rights under constitutional articles.
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