The High Court set aside an order directing the return of original educational certificates to a student, holding that the student's father had lodged a police complaint for the loss of those certificates shortly after admission, contradicting the claim that they were produced.
Order dated 26.11.2021 passed in W.P.No.21190 of 2021 allowing the writ petition is set aside.
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.625 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.06.2024
CORAM:
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR AND
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
W.A.No.625 of 2022 and C.M.P.No.4407 of 2022
-vs-
... 1st Respondent/Petitioner
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the judgment dated 26.11.2021 passed in W.P.No.21190 of 2021.
For Appellant : Mr.B.Rabu Manohar For R1 : Mr.M.Mohammed Hasain For Mr.S.Anbalagan For R2 & R3 : Mr.R.Syed Mustafa Spl. Govt. Pleader *****
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J U D G M E N T
(By D.Krishnakumar,J.,)
This Writ Appeal has been filed, challenging the order of the learned Single
Judge dated 26.11.2021 passed in W.P.No.21190 of 2021, by which the Writ Petition filed by the Writ Petitioner/1st respondent herein, was allowed with a direction to the 1st appellant herein to return the original certificates of the Writ Petitioner.
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attention of this Court to the Police Complaint dated 23.02.2021 preferred by the father of the Writ Petitioner to sustain his argument that except xerox copies of the certificates, no original documents were produced by the Writ Petitioner, as otherwise, she could not have lodged such complaint for the loss of her original certificates.
“I submit to state that my ward Ms.C.Gayathri has got admissionn to B.Sc(Physics) course in Tagore Arts College and in order to admit her, I take the following original certificates of my ward on 11.02.2021 for taking xerox copies in a shop near JTS Bus stop. After reaching the shop, I shocked to notice that the certificates are not found in my bag and searched on my way and could not traced. Hence, I kindly request you Sir to trace my ward's
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original certificates.
Details of certificates lost during transit:
I am herewith enclosing copies of the above certificates for your kind reference.
Thanking you,
Yours sincerely,
[ K.CHANDRASEKAR ]”
reason that for the loss of original certificates, the father of the Writ Petitioner had filed a Police Complaint as early as on 23.02.2021 and the demand of original certificates from the appellants by filing a Writ Petition in the year 2022 is unsustainable. Even for the sake of argument that the original certificates are with the appellants herein, the request for return of original certificates was made on 29.01.2021 and even within a month thereafter, Police complaint dated 23.02.2021 had been lodged and there is no explanation forthcoming as to what necessitated the father of the Writ Petitioner to give
such a Police complaint immediately after making a representation to the College.
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dated 26.11.2021 of the learned Single Judge is set aside. No costs. Consequently,
connected Miscellaneous Petition is closed.
Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar
To:
D.KRISHNAKUMAR,J., AND
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K.KUMARESH BABU,J.,
ar
W.A.No.625 of 2022
11.06.2024
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2 issues framed by the court
Whether the Writ Petitioner produced original certificates at the time of admission?
Whether the Writ Petitioner was entitled to return of original certificates?
The Principal Pondicherry University Community College, Lawspet, Puducherry-605 008
The Vice Chancellor, Pondicherry University, Pondicherry-605 014
Ms.C.Gayathri
The Principal, Tagore Arts and Science College, Lawspet, Puducherry-605 008
The Director, Directorate of Higher & Technical Education, Puducherry
D.KRISHNAKUMAR
K.KUMARESH BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
