Writ Appeal challenging the refusal to return original certificates without payment of a penalty. The Court, noting the appellant's health issues, directed the return of certificates within one week, clarifying this was an exceptional case and not a precedent.
Original certificates directed to be returned within one week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.A.No.2365 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.08.2024
CORAM:
THE HON'BLE MR.D.KRISHNAKUMAR ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI
W.A.No.2365 of 2024
N.Thendral
... Appellant/Petitioner
-vs-
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 23.04.2024 made in W.P.No.10916 of 2024 on the file of this Court, pending disposal of the Writ Appeal.
For Appellant : Mr.K.Venkatasubban
For Respondents : Mrs.M.Sneha Spl.Counsel
J U D G M E N T
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(By Hon'ble Acting Chief Justice)
This Writ Appeal has been filed, challenging the order dated 23.04.2024
made in W.P.No.10916 of 2024, by which the Writ Petition was disposed of, with a direction to the respondents to return the original documents, provided the petitioner pays a sum of Rs.5,00,000/- as per Clause 26(a) of the Prospectus.
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demand.
the Original Certificates pertaining to the appellant herein are directed to be returned to the appellant within a period of one week from the date of receipt of a copy of this judgment. It is made clear that this judgment is rendered taking into account the health
issues being undergone by the appellant and will not inure to the benefit of others to claim such right on the principle of precedence.
With the above directions, the Writ Appeal is disposed of. No costs.
[D.K.K.,ACJ.] [P.B.B,J.] 27.08.2024
Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar
HON'BLE ACTING CHIEF JUSTICE, AND
P.B.BALAJI,J.,
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1 issue framed by the court
Whether the appellant is entitled to the return of original certificates upon payment of Rs. 5,00,000/- upon discontinuation of Post Doctoral Fellowship due to health issues.
N. Thendral
The Director and Superintendent, Institute of Obstetrics and Gynaecology
The Secretary, Selection Committee, Directorate of Medical Education
D. Krishnakumar
P.B. Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
