HC directs dean to return certificates to student, waves fine

The Madras High Court today directed the Dean of Madras Medical College to return all the certificates to a PG Diploma student, collected during his admission, who discontinued his studies from the institution and joined in Annamalai University for the studies.
Justice M M Sundresh, on petition by A S Ponneyin Chelvi, also ordered waiver of the fine of Rs 5 lakh imposed by the Dean to her for discontinuing the course.
The student submitted that she joined post graduate diploma course in Clinical Pathology at Madras Medical College (MMC) here in 2014.
The seat was allotted to her under the state quota. Subsequently, she was selected for MD Pathology course in Annamalai University and joined the course.

The MMC refused to return her the documents which were submitted to the college at the time of joining, including SSLC certificate and Course-cum Conduct Certificate and OBC Certificate.
While refusing to return back her certificates, the Dean asked her to pay a fine of Rs 5 lakhs for discontinuing the course.

Additional Government Pleader who appeared on behalf of MMC submitted that the candidate had given an undertaking that she was ready to pay penalty for surrendering the seat.
Not agreeing with the argument, the judge directed the Dean to return the certificates to the candidate and said the undertaking given by her cannot be put against her for the simple reason that there were no other degrees for MD, (Pathology) course.

"A right coupled with the corresponding duty cannot be evaluated in terms of money. In any case, there is no question of penalty involved as the petitioner did not discontinue the earlier course but opted for a better one and as such no penalty need be paid by the petitioner.