1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2011 CORAM THE HONOURABLE MR.JUSTICE V.DHANAPALAN Writ Petition (MD).No.159 of 2011 R.Sakthivel . . Petitioner Vs. 1.The Commissioner, Directorate of Technical Education, Guindy, Chennai-600 025. 2.The Additional Director of Polytechnics, Directorate of Technical Education, Guindy,Chennai-600 025. 3.The Principal, Aravindar Polytechnic College, Ambathurai-624 302, Dindigul District. .. Respondents Prayer:- Writ petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the third respondent herein to issue Transfer Certificate, Community Certificate, X Standard Statement of Mark Sheet and Conduct Certificate of the petitioner herein within a stipulated time as that may be fixed by this Court. For Petitioner :Mr.A.Saravanan For Respondents:Mr.R.Manoharan, Government Advocate for R1 & R2 Mr.S.Anand Chandrasekaran for R3 ORDER By consent, the writ petition itself is taken up for disposal. 2. Heard Mr.A.Saravanan, learned counsel for the petitioner, Mr.R.Manoharan, learned Government Advocate for the respondents 1 and 2 and Mr.S.Anand Chandrasekaran for the third respondent. 3. The prayer in this writ petition is for a direction to the third respondent to issue Transfer Certificate, Community Certificate, X Standard Mark Sheet and Conduct Certificate of the petitioner. 4. The only grievance of the petitioner appears that he joined the Aravindar Polytechnic College in the year 2008 in Diploma in Electronics and Communication Engineering course and he has completed his first year of study in three year duration course. However, due to family circumstances, the petitioner has discontinued the remaining period of course. Therefore, he requested the third respondent management to return the Certificates submitted in original to the institution and he has also approached them on 20.12.2010. As there is no positive response, he has moved this Court for the above directions. 5. The third respondent has filed counter and stated that it is admitted that the petitioner has joined the institution and studied the first year course and thereafter, he discontinued in the third semester of the second year course. By its letter, dated 02.07.2009 communicated to the petitioner's father that for the month of June 2009, the petitioner has average attendance of 70.13%, which is less than the mandatory requirement of 80% necessary for appearing for the semester examination and the petitioner did not pay the tuition fee for the third https://hcservices.ecourts.gov.in/hcservices/ 2 semester. So they advised the father of the petitioner to meet them in person along with the tuition fees. As there was no response either from the petitioner or from his father, they have sent letters on several occasions and despite so many communications from them, the petitioner did not care to respond and only in his representation, dated 21.12.2010 received by them on 27.12.2010, he has requested the third respondent for the claim of Transfer Certificate. According to them, they are willing to furnish necessary Certificates relating to the petitioner, provided the petitioner remits the necessary tuition fees for the third semester, though they are entitled to claim tuition fee for the 3rd and 4th semester. 6. At the time of hearing of the learned counsel on either side, a communication from the Commissioner of Technical Education, dated 20.01.2011, addressed to the Principal of the third respondent college has been produced before this Court, wherein it is communicated that as per AICTE regulation, it would not be permissible for the Institution and University to retain the School and Institution leaving Certificates in Original. Any violation of instructions issued by the AICTE, shall call for punitive action including withdrawal of approval and recognition of erring institutions and Universities. Hence, he requested the Principal to return the original certificates to the students as per AICTE norms, without any further delay and sent the action taken report to the first respondent, within a week's time. After noticing the above communication and making submissions that the petitioner is having due in respect of tuition fees to the institution for third semester and if that amount is paid to the institution, they are willing to return the original Certificates as claimed by the petitioner within a week's time. 7. In view of the same, the writ petition is disposed of with a direction to the petitioner to approach the third respondent along with the third semester fee, within a week's time and if such request is made by the petitioner, the third respondent is directed to return the originals of Transfer Certificate, Community Certificate, X Standard Mark Sheet and Conduct Certificate without any further delay. No costs. SD ASST REGISTRAR (CRL SIDE) /TRUE COPY/ SUB ASST REGISTRAR jikr To 1.The Commissioner, Directorate of Technical Education, Guindy, Chennai-600 025. 2.The Additional Director of Polytechnics, Directorate of Technical Education, Guindy, Chennai-600 025. 1CC TO MR. A. SARAVANAN, ADVOCATE, SR: 5382: 1CC TO M/S. SARVABHAUMAN ASSOCIATES, ADVOCATES, SR: 5375: DM:2011:FEBRUARY:11:: Order made in Writ Petition (MD).No.159 of 2011 2P:5C:: https://hcservices.ecourts.gov.in/hcservices/