The prospectus conditions regarding discontinuation fees are binding, and institutions can withhold certificates until fees are paid.

ORDER

According to the petitioner, she was admitted to B.Sc., Critical Care Technology degree course at Pudukkottai Government Medical College / 3rd respondent, after attending counselling on 31.03.2022. At the time of admission, she has produced all her original certificates, such as, SSLC, 11th and 12th mark sheets. After admission, due to the nature of the course studies, which is involving the treatment to the victims and exposure to traumatic medical situations, since the petitioner suffered severe psychological damage, she decided to discontinue the course and therefore, requested the 3rd respondent to issue transfer certificate and return all her original certificates. However, the 3rd respondent, vide order dated 09.11.2023, stated that as per the prospectus issued by the 2nd respondent, the petitioner has to pay a sum of Rs.1,00,000/- (Rupees One Lakh Only) as discontinuation fee. The said order is under challenge in this Writ Petition.

2.The learned counsel appearing for the petitioner would submit that the original certificate is the petitioner's property under Article 300-A of Constitution of India. Further, though there is a condition in the prospectus that in the event of discontinuation, the petitioner has to pay a sum of Rs.1,00,000/-, the 3rd respondent can recover the amount in any manner. However, they withheld the certificates of the petitioner for recovery of the amount. In respect of his submissions, the learned counsel for the petitioner has relied upon the judgment of this Court in the case of Arshiya Fathima Vs. The Principal Secretary to Government and others in W.P.(MD)No.1619 of 2023, dated 26.04.2023.

3.The learned Government Advocate appearing for the respondents would submit that the prospectus is a rule of appointment and when a person has submitted an application, pursuant to the prospectus, it is deemed to have agreed to the conditions mentioned in the prospectus. Therefore, as per the prospectus, the petitioner has agreed to pay a sum of Rs.1,00,000/- in the event of discontinuation from the course and hence, unless that amount has been paid, the certificates cannot be returned back to the petitioner. In respect of his submission, he also relied upon the judgment in the case of Director of Medical Education and another Vs. M.Aarthy reported in 2019 SCC Online Mad 28115 (W.A.(MD)No.371 of 2019, dated 30.10.2019).

4.Heard the learned counsel on either side and perused the materials available on record carefully.

5.It is not in dispute that the petitioner has been originally selected to B.Sc., Critical Care Technology degree course at the 3rd respondent College, after attending the counselling on 31.03.2022. The condition No.39 in the prospectus for admission to the Paramedical Degree Courses 2021-2022 issued by the Government of Tamil Nadu through G.O.(D)No.1116, Health and Family Welfare (PME-1) Department, dated 06.10.2021, is as follows:- “39(a) Discontinuation Fee:- The students who are allotted and joined in any of the seats in Govt. Medical Colleges and discontinue the Paramedical Degree Courses, after the cut-off date should pay the Discontinuation Fee of Rs.1,00,000/- (Rs. One Lakh Only) by means of Demand Draft in favor of “The Secretary, Selection Committee, Kilpauk, Chennai-10” payable at Chennai.

6.The Division Bench of this Court in Director of Medical Education's case, relied upon by the learned Government Advocate, has held as follows:- “5.The settled legal position is that the prospectus for any course is a rule of appointment. This has been settled in several decisions of the Hon'ble Supreme Court and this Court and there can be no quarrel on the said legal proposition. In such circumstances, we hold that the learned writ Court has erred in holding that Clause 45 of the prospectus is not binding on the candidate and it is not an agreement or a contract. What is important to note is that the prospectus is not contract or agreement and it is a Rule of Selection and the candidate, who