Rajeswari. R Vs The Principal

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to forthwith return back the original Certificates of the petitioner namely (1) Transfer Certificate, (2) 10^th Mark Statement, (3) 12^th Mark Statement and (4) B.A.Certificate within a time frame to be fixed by this Court, without insisting the petitioner to pay any fees for the remaining period of course.

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For Petitioner : Mr.R.Maheswaran

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For Respondent : Mr.M.Suresh

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.11708 of 2023

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O R D E R

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The present writ petition has been filed seeking a Mandamus directing

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the respondent College to return back original certificates of the writ petitioner, within a time frame to be fixed by this Court.

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2. A perusal of the records reveal that the petitioner got admitted in the two years B.Ed Course in the respondent College in the year 2020. After completing one year, the petitioner had discontinued and she had made a representation to the respondent on 29.04.2023 seeking to return the original certificates. Since there was no response, the present Writ Petition has been filed.

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3. The learned counsel appearing for the respondent/College contended that the first year fees for B.Ed Course is Rs.35,000/-. However, the petitioner has paid only a sum of Rs.18,000/-. In such circumstances, unless entire fees is paid, certificates of the petitioner cannot be returned. He further submitted that at no point of time, the petitioner has approached the College seeking return of her original certificates.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.11708 of 2023

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4. The learned counsel appearing for the petitioner submitted that due

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to poverty, petitioner could not continue the education and therefore she had discontinued the course after one year. In such a view of the matter, they are not in a position to pay the entire fees for the first year.

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5. Heard both sides and perused the materials available on record.

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6. It is settled position of law that due to non payment of fees, the certificates of a student cannot be retained by the School/College Management.

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7. In such circumstances, considering the poverty of the petitioner, the respondent/College Management is directed to return the original certificates to the writ petitioner after obtaining due acknowledgement without insisting for any payment. The petitioner is directed to approach the college on any working day, after giving prior intimation and get back the original certificates.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.11708 of 2023

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8. With the above said observation, this Writ Petition stands disposed

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of. There shall be no order as to costs.

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28.01.2026