HC: Return original certificates withheld for discontinuing PG
TNN | Aug 6, 2018, 12.49 AM IST
MADURAI: The Madurai bench of the Madras high court has directed the dean of the Government Madurai Medical College to return the original certificates of a doctor which was withheld after she discontinued the post-graduate course at the college owing to personal reasons.
The college had demanded Dr M Aarthy to Rs 10 lakh in accordance with the agreement bond and refused to part with the certificates.
Arathy had joined PG course in anatomy in 2016 and discontinued owing to personal reasons. When she asked for her certificates- class 10, 12, MBBS degree certificate, MBBS marksheet, house surgeon completion certificate, Medical Council registration and community certificate, the authorities rejected her application in a letter dated April 17, 2017.
Justice M S Ramesh noted that there exists an agreement bond which states that if a candidate discontinues the course any time before completion, he/she has to repay the amount received as stipend and pay appropriate discontinuation fee.
“There is no clause through which the petitioner has agreed that her original certificates could be retained till the amount is paid. In the absence of such a clause, the college is not justified in withholding the certificates,” the court observed, adding that it is unfortunate that the authorities chose to retain the documents for non-payment of penalty.
The court also refused to agree with the government pleader that the authorities have the right by citing a clause in the prospectus. “The said clause is an unilateral clause as the petitioner has no other option to join a PG course without purchasing the prospectus,” the court pointed out.
Holding that the authorities have no legal right to withhold the documents, Justice Ramesh directed the dean of the college to handover Arathy’s original certificates and also made it clear that it has not expressed views with regard to the authorities’ right to claim penalty or discontinuation fee.
TNN | Aug 6, 2018, 12.49 AM IST
MADURAI: The Madurai bench of the Madras high court has directed the dean of the Government Madurai Medical College to return the original certificates of a doctor which was withheld after she discontinued the post-graduate course at the college owing to personal reasons.
The college had demanded Dr M Aarthy to Rs 10 lakh in accordance with the agreement bond and refused to part with the certificates.
Arathy had joined PG course in anatomy in 2016 and discontinued owing to personal reasons. When she asked for her certificates- class 10, 12, MBBS degree certificate, MBBS marksheet, house surgeon completion certificate, Medical Council registration and community certificate, the authorities rejected her application in a letter dated April 17, 2017.
Justice M S Ramesh noted that there exists an agreement bond which states that if a candidate discontinues the course any time before completion, he/she has to repay the amount received as stipend and pay appropriate discontinuation fee.
“There is no clause through which the petitioner has agreed that her original certificates could be retained till the amount is paid. In the absence of such a clause, the college is not justified in withholding the certificates,” the court observed, adding that it is unfortunate that the authorities chose to retain the documents for non-payment of penalty.
The court also refused to agree with the government pleader that the authorities have the right by citing a clause in the prospectus. “The said clause is an unilateral clause as the petitioner has no other option to join a PG course without purchasing the prospectus,” the court pointed out.
Holding that the authorities have no legal right to withhold the documents, Justice Ramesh directed the dean of the college to handover Arathy’s original certificates and also made it clear that it has not expressed views with regard to the authorities’ right to claim penalty or discontinuation fee.
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