IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 2540 of 2009(B) ------------------------- PETITIONER(S): --------------- PREETHY R. KUMAR, AGED 24, D/O. K. RAVIKUMAR, RESIDING AT KRISHNAPRIYA, THRIKKAKARA P.O. KAKKANAD, KOCHI 682 021. BY ADV. SRI.P.N.RAMAKRISHNAN NAIR SRI.P.VISWANATHAN RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY, P.D. HILLS, KOTTYAM, REPRESENTED BY ITS REGISTRAR. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, P.D. HILLS, KOTTAYAM. 3. KERALA NURSING AND MIDWIFES COUNCIL, RED CROSS ROAD, TRIVANDRUM REPRESENTED BY ITS REGISTRAR. 4. SIDHI SADAN LOURDE'S COLLEGE OF NURSING, CHEMBUMUKKU, KAKKANAD, KOCHI, REPRESENTED BY ITS PRINCIPAL ADV. SRI.N.RAGHURAJ, SC, TCMC & KNMC FOR R3 SRI.BECHU KURIAN THOMAS FOR R4 SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.8.2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No. 2540/09 APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE APPLICATION DATED 29.10.09 TO R4. P2. COPY OF THE GOVT. ORDER DTD.30.8.07. P3. COPY OF THE GOVT. ORDER DTD.28.1.08. P4. COPY OF THE GOVT. ORDER DTD.11.2.08. P5. COPY OF THE REPLY DTD.8.11.07 BY R4. P6. COPY OF THE REQUEST DTD.5.7.08 BEFORE R4. P7. COPY OF THE REPRESENTATION DTD.24.11.08 BEFORE R1 TO R3. P7A. COPY OF THE ACKNOWLEDGMENT CARD SHOWING RECEIPT OF P7 BY R1. P7B. -DO- R2. P7C. -DO- R3 sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.2540 of 2009 ================== Dated this the 27th day of August, 2009 J U D G M E N T The petitioner was admitted to the B.Sc. Nursing course in the 4th respondent's college in the academic year 2002. The petitioner completed the course in 2006. By that time, after passing the course, compulsory internship was prescribed for nursing students for one year. In accordance with the same, the petitioner joined for internship in the college on 12.3.2007 after executing Ext.R4(a) bond, under which, the petitioner undertook that she would pay an amount of Rs.1 lakh in case she fails to serve the full period of internship in the 4th respondent's institution. It was further admitted in Ext.R4(a) by the petitioner that all certificates and testimonials in original, which were handed over to the 4th respondent and the certificates which the petitioner is entitled to receive on completion of her course of four years, shall be retained by the 4th respondent to be returned to the petitioner only on her completion of the one year internship period or on discharge of all duties under the said bond. The petitioner started the internship on 12.3.2007. In the meantime, the Government issued Exts.P2, P3 and P4 orders, by which, even for self financing college students admitted during the academic year 2002, were exempted from the compulsory internship of one year. After undergoing the W.P.C.2540/09 2 internship for sometime, on account of domestic problems, the petitioner was unable to continue to attend the internship. Accordingly, she stopped attending the internship programme on 31.10.2007. The petitioner's grievance in this writ petition is that the 4th respondent is refusing to release the certificates of the petitioner. The petitioner, therefore, seeks the following reliefs: “(A) Issue a writ of mandamus, order or direction, directing the respondents 1 to 3 to direct the 4th respondent to hand over the mark list, caution deposit and certificates of the petitioner to her as requested in the Exhibit P1, forthwith, (B) Issue such other reliefs as this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 2. According to the petitioner, the issue is governed by the principles of bailment under the Indian Contract Act and the relationship between the petitioner and the 4th respondent is that of bailer and bailee. Therefore, unless the certificates retained by the 4th respondent answer the definition of goods, the same cannot be retained by the 4th respondent. The petitioner relies on the decision of the Supreme Court had in Saxena v. Balram Prasad [2000 (3) KLT 438 (SC)] wherein the Supreme Court held that even if there is a contract to that effect, case file of a client cannot be retained by the Advocate, for his fees in so far as the documents entrusted by the client to the advocate are not goods as defined in the Indian Contract Act. The counsel for the petitioner would contend that the ratio of that W.P.C.2540/09 3 decision would clearly apply to the petitioner's case and, therefore, the 4th respondent is bound to return the certificates belonging to the petitioner. 3. A counter affidavit has been filed by the 4th respondent, wherein the contentions of the petitioner are sought to be controverted. 4. I have considered the rival contentions in detail. 5. I am not inclined to go into the merits of the contentions of the parties at this juncture. The matter involves the future of a student who underwent B.Sc. Nursing course in a self financing college. I have very serious doubts as to whether the 4th respondent could have validly obtained Ext.R4(a) agreement from the petitioner. But I am not going into that question now in view of the order I propose to pass in this case. The 4th respondent would not in any way be benefited by retaining the certificates of the petitioner because it is of absolutely no use to the 4th respondent except to destroy the career of the petitioner. I do not think that the 4th respondent themselves would want that. The petitioner admits that the petitioner has got an amount of Rs.19,667/- as stipend from the 4th respondent for the period of internship she has already undergone. She is willing to refund the said amount to the 4th respondent. Therefore, I am of opinion that the 4th respondent should return all certificates to the petitioner on the W.P.C.2540/09 4 petitioner paying an amount of Rs.20,000/-. This would be without prejudice to the right of the 4th respondent to initiate appropriate proceedings in accordance with Ext.R4(a), if the 4th respondent can validly do so under law. Accordingly, this writ petition is disposed of with the following directions: The petitioner shall pay to the 4th respondent an amount of Rs.20,000/-. Immediately on receipt of that amount, the 4th respondent shall release all documents mentioned in Ext.P7, which are: 1. 10th standard mark list and certificate 2. 12th standard mark list and certificate 3. Mark lists of four years B.Sc. Nursing course 4. Course and conduct certificate. 5. Transcript for the four year course 6. Experience certificate for the period of work. I make it clear that this is without prejudice to the right, if any, of the 4th respondent to initiate appropriate proceedings against the petitioner for enforcement of Ext.R4(a), if the 4th respondent can validly do so under law. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge W.P.C.2540/09 5