HC: Return original certificates
Staff Reporter
March 31, 2019 00:00 IST
The Madurai Bench of the Madras High Court has directed the Dean of the Madurai Medical College to return the original certificates submitted by four post graduate students and issue their transfer and conduct certificates, which were withheld after they failed to discharge a bond obligation executed towards serving the government.
Justice G. R. Swaminathan observed that the certificates cannot be withheld on the ground that they have not fulfilled their obligations in terms of the agreement bond. They do not constitute marketable items in terms of Section 171 of the Indian Contract Act, 1872. It has been consistently held that the educational certificates of the candidates cannot be retained for whatever reason.
However, the court said that it was left open to the college to sue the petitioners for recovery of the bond amount. Four post graduate students of the medical college had executed an agreement bond in favour of the college to serve the government for a certain period on completion of the course and if they failed to discharge the bond obligation, they would pay the bond amount.
Staff Reporter
March 31, 2019 00:00 IST
The Madurai Bench of the Madras High Court has directed the Dean of the Madurai Medical College to return the original certificates submitted by four post graduate students and issue their transfer and conduct certificates, which were withheld after they failed to discharge a bond obligation executed towards serving the government.
Justice G. R. Swaminathan observed that the certificates cannot be withheld on the ground that they have not fulfilled their obligations in terms of the agreement bond. They do not constitute marketable items in terms of Section 171 of the Indian Contract Act, 1872. It has been consistently held that the educational certificates of the candidates cannot be retained for whatever reason.
However, the court said that it was left open to the college to sue the petitioners for recovery of the bond amount. Four post graduate students of the medical college had executed an agreement bond in favour of the college to serve the government for a certain period on completion of the course and if they failed to discharge the bond obligation, they would pay the bond amount.
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