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Showing posts with label Certificates. Show all posts
Showing posts with label Certificates. Show all posts

Monday, January 19, 2009

Ruling on admission to medical colleges under all India quota

From http://www.hindu.com/2008/12/15/stories/2008121558780900.htm


Ruling on admission to medical colleges under all India quota
Special Correspondent
Respondents directed to return petitioners’ certificates
CHENNAI: The Madras High Court has said that PG medical degree/diploma holders who applied for the courses through all India entrance examination for selection to seats under all India quota and were admitted to government medical colleges in the State in 2005-06 are not bound by the terms and conditions issued by the Tamil Nadu Government authorities in their prospectus.
In his order on a batch of petitions, Justice N. Paul Vasanthakumar said even if any candidate had executed bond, it would have no effect since they had not applied for admission under the impugned prospectus.
The Judge said candidates admitted under the State quota under the non-service category were bound by the terms of the bond executed by them pursuant to the prospectus. On completion of their course, they were bound to serve in government colleges/hospitals according to the availability of posts for three years, failing which it was open to the State government authorities to recover Rs. 2 lakh/Rs. 3 lakh as the case may be as per the bond conditions.
The court directed the respondents to return all the petitioners’ certificates within two weeks.
Super-speciality course
Mr. Justice Paul Vasanthakumar said no PG/Diploma holder, who completed their course or joined in government service temporarily as per the bond, should be denied opportunity of applying for super-speciality course. If they were selected, they should be permitted to undergo the course subject to the condition that the remaining period of service should be served in government institutions by the persons concerned after completion of their respective super speciality course. If not, it was open to the respondents to recover the bond amount with proportionate amount.
The case of the petitioners who were admitted under the all India quota was that they did not apply for admission to PG degree/diploma course before the respondents (State government authorities) as per the prospectus issued by the respondents for admission for 2005-06.
They appeared for all India entrance test in respect of all India seats. Based on their marks in the entrance examination and as per their choice of the course/colleges, they were selected and admitted to medical colleges in Tamil Nadu.
The candidates contended that the prospectus, particularly a Tamil Nadu G.O. issued in June last year as well as the circular issued by the Director of Medical Education of April this year were not applicable to candidates admitted on the basis of selection made under the all India quota.

at 10:49 PM 0 comments

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Friday, June 27, 2008

Educational Institutions Cannot Hold Back Certificates : Madras High Court

Educational institutions cannot hold back certificates: court

Mohamed Imranullah S.
Says they cannot be retained for non-remittance of fees

MADURAI: Educational institutions cannot hold back mark sheets, convocation certificates, course completion certificates or transfer certificates of students for non-payment of fees, the Madras High Court has ruled.

Disposing of a writ petition filed before the Madurai Bench, Justice K. Suguna said the academic certificates could not be termed ‘goods’ to enable the educational institutions to withhold them.

She pointed out that the Supreme Court, in R.D. Saxena vs. Balram Prasad Sharma (2000) case, had taken a view that a lien (right to possess property of another person until a debt owned by the latter is discharged) could be exercised only on marketable goods.

The Judge agreed with the arguments advanced by advocate G.R. Swaminathan that academic certificates were not saleable commodities, and hence could not be retained for non-remittance of fees. Counsel had voluntarily assisted the court though he was not representing any of the parties.

The petitioner, R. Pushpa Latha of Kanyakumari, said a private college of teacher education refused to issue academic certificates to her even after completing the Bachelor of Education course.

She alleged that the college demanded more money despite receiving the entire course fee without issuing any receipt during admission.

On the contrary, the college claimed that the petitioner had not paid the fees and owed Rs.35,000. Contesting the claim, petitioner’s counsel A. Dennison said her client would not have been permitted to appear for the examination without paying the fees.

No documents

Pointing out that there were no documents available on both sides to prove their contesting claims, Ms. Justice Suguna said: “I do not like to express any opinion with regard to the payment of fees or non-payment of fees. It is open to the institution to take appropriate steps against the petitioner, if she had not paid the fees, in the manner known to law.”

Ms. Justice Suguna also said that a writ could be issued against private institutions performing a public duty, though they do not fall under the definition of ‘State’ under Article 12 of the Constitution.

She pointed out that the proposition was laid down by a Full Bench of the Punjab and Haryana High Court in 1998.

The Full Bench had said: “Powers of the High Courts (to issue writs) under Article 226 of the Constitution are wider than those of the Court of King’s Bench in England…The words “any person or authority” used in Article 226 do not mean only State or statutory authorities. These cover any person or body performing a public duty.”

at 1:54 PM 1 comments

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