MMC dean to return documents to student

 

The court also waived the fine of Rs 5 lakh imposed by the dean for discontinuing the course. The petitioner, A.S. Ponneyin Chelvi,  submitted she joined the postgraduate diploma course in Clinical Pathology at Madras Medical College, in 2014. 

 

The seat was allotted to her under the state quota, which was surrendered from all India quota. Subsequently, she was selected for MD Pathology course in Annamalai University and she joined the course. Refusing to return the original documents, the dean imposed a fine of Rs 5 lakh on her for discontinuing the course. Hence, she filed the present petition for a suitable directive.  

 

Additional government pleader P. Rajalakshmi argued that based on an undertaking and to avoid wastage of a post graduate seat in a non-clinical specialty, she was permitted to take up MD., (Pathology) course. Later, she sought return of original documents. This was rejected as the request violated an undertaking. 

 

Petitioner’s counsel, S. Thirumavalavan, submitted the undertaking given by the petitioner did not bind her. 

Justice M.M. Sundresh said: there was no express prohibition for a candidate, who had already been selected, though for a diploma course from being considered for a postgraduate course.  

 

She was given the seat based on merit through different counselling and hence it could not be found fault with. The undertaking given by her also could not be put against her for the simple reason that there were no other degrees for M.D., (Pathology) course. 

 

The judge said, “A right coupled with the corresponding duty cannot be evaluated in terms of money.” There was no question of penalty involved as the petitioner did not discontinue the earlier course,  but only opted for a better one.