1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2011 CORAM: THE HONOURABLE MR. JUSTICE S. MANIKUMAR W.P.(MD)No.10278 of 2011 and M.P.(MD)No.1 of 2011 M.Raja Seetha Rep. by guardian R.Muthukutti. ... Petitioner Vs. 1.The Registrar, Anna University, Tirunelveli. 2.Francis Xavier Engineering College, Represented through its Chairman, Vannarpettai, Tirunelveli. 3.The Selection Committee, The Directorate of Medical Education, Kilpauk, Chennai - 600 010. ... Respondents Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 and 2 to return the Original Certificates such as original Higher Secondary Course Certificate, Matriculation School Leaving Certificate, Transfer Certificate and Community Certificate forthwith. For Petitioners .. Mr.Dilip Kumar For Respondent-1 .. Mr.J.Ashok For Respondent-2 .. Mr.Chellapandian For Respondent-3 .. Mr.T.S.Mohamed Mohideen Additional Government Pleader O R D E R By way of lunch motion, the petitioner, who had received a call letter on 5/9/2011 from the Selection Committee, Directorate of Medical Education, Kilpauk, Chennai, for Counselling for (Self Finance) BDS Course to be held on 9/9/2011 at 9.00 a.m., has sought for a writ of mandamus directing the Registrar, Anna University, Tirunelveli, to return the original certificates such as, original Higher Secondary Course Certificate, Matriculation School leaving Certificate, Transfer Certificate and Community Certificate forthwith. 2. Pleadings disclose that, the petitioner has been admitted to BE Degree Electronic and Communication course under the Management quota in the second respondent College. She has paid a sum of Rs.50,000/- towards fees on 12/8/2011 in the office of the second respondent College. The following certificates viz., Higher Secondary School Certificate, Matriculation School Leaving Certificate, Transfer Certificate and Community Certificate have been submitted to the College and from 16/8/2011, she has been attending the first year class. According to the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner, Rs.1,20,000/- is the fee fixed for the first year BE Degree course. It is the further case of the petitioner that the second respondent College has insisted the balance payment of tuition fee of Rs.70,000/- within one month. 3. No sooner, the petitioner has received a call letter on 5/9/2011, she has approached the second respondent College and requested them to issue the above said original certificates. Instead of returning the certificates, the second respondent College instead for payment, the balance amount of Rs.70,000/-. In such circumstances, the petitioner was constrained to approach the second respondent again, on 7/9/2011 and explained her position. In addition to the above, inviting the attention of this Court to Clause 5 of the instructions to the candidates contained in the call letter issued by the Secretary, Selection Committee, Directorate of Medical Education, Kilpauk, Chennai 10, Mr.Dilip Kumar, learned counsel appearing for the petitioner submitted that, unless the candidates, who have been called for counselling bring all the original certificates, they will not be allowed to attend the counselling. He also submitted that, in case, the candidates called for counselling, who are already studying in institutions, they have to produce a bonafide certificate obtained from the Head of the Institution. He also submitted that, when a sum of Rs.50,000/- had already been paid on 5/8/2011 and that the petitioner had started attending classes only from 16/8/2011, it is not be fair on the part of the second respondent to insist the balance payment of Rs.70,000/-. 4. Today, when the matter came up for admission, on instructions, Mr.Chellapandi, learned counsel, who took notice for the second respondent College, submitted that, the Higher Secondary Course Certificate, Matriculation School Leaving certificate and Community certificate would be issued to the petitioner forthwith. He also submitted that the Chairman/Managing Director of the Trust which runs the second respondent College has instructed him over phone that the above said three certificates would be issued to the petitioner and that the transfer certificate would be issued later. The submission of the learned counsel is placed on record. As stated supra, as per clause 5 of the call letter, issued by the Secretary, Selection Committee, the Directorate of Medical Education, Kilpauk, Chennai 600 010/third respondent, candidates have to bring all the original certificates means he/she should bring the transfer certificate also. 5. Pleadings disclose that, the petitioner has joined the College on 12/8/2011 and paid a sum of Rs.50,000/- and attended the classes only from 16/8/2011, for over just three weeks. Courts have held that educational institutions, can charge or demand tuition fees, only for the period corresponding to the study. Though, the tuition fees is said to be Rs.1,20,000/- for the first year B.E Degree Electronic and Communication course, the second respondent institution, should not demand more than what has been already paid by the petitioner for the period of study of which is just over three weeks, since 16/8/2011. In such circumstances, the second respondent institution cannot and should not, withhold the transfer certificate submitted by the petitioner, at the time of admission to B.E Degree Electronic and Communication course. As the second respondent institution has already come forward through their learned counsel, that they would issue the original Higher https://hcservices.ecourts.gov.in/hcservices/ 3 Secondary course certificate, Matriculation School leaving Certificate, Community Certificate, submitted by the petitioner at the time of admission to the above said course, and for the reasons stated supra, there shall be a direction to the Principal of the second respondent College or any other competent authority to return the original Higher Secondary course certificate, Matriculation School leaving Certificate, Community Certificate, to the petitioner forthwith and none of the certificates stated supra should be withheld for any reason. It is to be borne in mind that the petitioner has to attend counselling for (Self Finance) BDS Course on 9/9/2011 at 9.00 a.m., and therefore, issuance of the above said certificates should be done forthwith. 6. Mr.Chellapandian, counsel for the second respondent College shall communicate the order immediately to the Principal of the second respondent College or to any other competent authority for implementation, so as to enable the petitioner to attend the counselling by tomorrow. The petitioner is also permitted to approach the College for receipt of certificates. 7.After passing of the order, Mr.Chellapandian, learned counsel for the second respondent College was directed to ascertain, as to whether the petitioner has reached the College and received all documents, sought for. 8.At 4.30 p.m., on instructions, learned counsel for the petitioner submitted that except the original Transfer Certificate (Higher Secondary Class) the second respondent College, has issued the original Plus Two Mark Sheet, Community Certificate, Matriculation School Leaving Certificate and Transfer Certificate issued by the second respondent College. The submission of learned counsel for the petitioner that she has received the above said documents, is placed on record. Promptness of the learned counsel appearing for the respondents is appreciated. 9.The writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The Registrar, Anna University, Tirunelveli. 2.The Selection Committee, The Directorate of Medical Education, Kilpauk, Chennai - 600 010. Skm/Mpk SR : 08.09.2011 : 3p/3c W.P.(MD)No.10278 of 2011 08.09.2011 https://hcservices.ecourts.gov.in/hcservices/