IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 WP(C).No. 18337 of 2010(N) --------------------------------- PETITIONER(S): --------------- RENJU RAJU, S/O.RAJU N.C., NAKKARA HOUSE, CHINGAVNOM P.O., KOTTAYAM. BY ADV. MR.M.P.MADHAVANKUTTY RESPONDENT(S): ------------------ 1. MAHATMA GANDHI UNIVERSITY, KOTTAYAM, REP. BY ITS REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM. 2. REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM. 3. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM. 4. DIRECTOR, SCHOOL OF MEDICAL EDUCATION(SME), MAHATMA GANDHI UNIVERSITY, GANDHI NAGAR, KOTTAYAM. ADV. MR. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18337 of 2010 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF ADMIT CARD ISSUED TO THE PETITIONER FROM THE OFFICE OF THE 4TH RESPONDENT. EXT.P2: COPY OF THE PROVISIONAL CERTIFICATE ISSUED TO THE PETITIONER. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE R3. EXT.P4: COPY OF THE POSTAL ACKNOWLEDGEMENT CARD RECEIVED BY THE PETITIONER EVIDENCTING THE RECEIPT OF EXT.P3 BY THE 3RD RESPONDENT. EXT.P5: COPY OF THE TRANSFER CERTIFICATE DTD 2.9.2006 ISSUED TO THE PETITIONER. EXT.P6: COPY OF THE DIPLOMA CERTIFICATE IN PHARMACY ISSUED TO THE PETITIONER. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.18337 OF 2010 ------------------------------- Dated this the 23rd day of July, 2010 J U D G M E N T The petitioner was a student of B.Pharm Degree course in the School of Medical Education run by the M.G. University. At the time of joining the course, the petitioner claims to have entrusted his original SSLC Book and original Diploma mark list before the third respondent. After the course was over, when the petitioner sought return of those documents, the respondents are stated to have replied that the same cannot be traced. Despite Ext.P3 representation, the petitioner's grievance was not redressed. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(i) to issue a writ of mandamus directing the respondents to return the original SSLC Book and original D.Pharm mark list to the petitioner. (ii) to issue a writ of mandamus directing the respondents to issue the B.Pharm Degree Certificate to the petitioner forthwith”. 2. A counter affidavit has been filed by the respondents taking the stand that although at the time of admission SSLC W.P.(c)No.18337/10 2 Book and Diploma mark lists were produced for perusal, since other documents, which were also to be produced, were not produced, these documents were returned to the petitioner to be produced along with other documents, is their contention in the counter affidavit. 3. A reply affidavit has been filed by the petitioner taking the contention that those documents were actually entrusted to the fourth respondent and the petitioner has been directed to produce only the other documents later. This is affidavit against affidavit. As such, without taking evidence, I cannot decide the issue either way. Writ petition under Article 226 of the Constitution of India is not the forum for the same. Now that the documents are not available, it is for the petitioner to apply for duplicate certificates. Therefore, leaving it open to the petitioner to apply for obtaining duplicate certificate and to seek remedies in respect of his grievance elsewhere, this writ petition is closed. S. SIRI JAGAN, JUDGE acd W.P.(c)No.18337/10 3 W.P.(c)No.18337/10 4