1. The petitioner joined the BDS Course at Tamil Nadu Government Dental College, Chennai during the academic year 2000-2009. The course was for five years. It is stated by the petitioner that his mother died in the year 2003. Thereafter, his father got remarried and lived separately. The petitioner was brought up by his grandfather and with the help of his grandfather, he joined the BDS course. In the meantime, his grandfather also died on 4.12.2008 and therefore, he was unable to continue his studies. Hence, he requested the respondents to return the transfer certificate and his Plus two mark sheet, so that he could secure employment at somewhere else for his livelihood. In this regard, he made various representations viz., dated 28.7.2009, 20.8.2009, 21.7.2010, 9.8.2010 and 8.12.2010 to the respondents and various authorities. Since there is no reply forthcoming, he filed the present writ petition.
2. By consent, the writ petition is taken up for final disposal. No counter affidavit is filed by the respondents and the learned Government Advocate has made submissions based on the written instructions received from the respondents.
3. Heard both sides.
4. The learned Government Advocate submits that the petitioner executed an agreement/bond at the time of joining BDS courser in which he has agreed to pay a sum of Rs. 2,00,000/- in the event he discontinues his studies. Hence, he is liable to pay Rs. 2,00,000/-. Unless and until he pays the said amount, he could not be issued the certificates.
5. On the other hand, the learned counsel for the petitioner submits that the respondents could not retain the certificates as there is no clause in the agreement/bond granting right to the respondents to retain certificates, when there is any liability on the part of the students to pay some amounts under the agreement/bond. They could take proper recovery methods for recovering the said amount. It is also submitted that the agreement/bond could not be enforced as the respondents failed to sign the same. The agreement/bond is not a valid one.
6. I have considered the submissions made on either side and, perused the materials available on record.
7. The petitioner joined the BDS Course during the academic year 2008-2009, which was for five years. But however, he did not attend the classes from the beginning itself, because of his family circumstances. He made a representation dated 29.7.2009 to the second respondent explaining his family circumstances, which reads as follows:
“TAMIL”
8. Along with the said representation, he has enclosed the death certificates of his mother as well as his grandfather. His mother died on 23.11.2003. Thereafter, his father got remarried and was living separately. The petitioner was taken care of by his grandfather and he also died on 4.12.2008. Hence, he stated his inability to continue his studies and requested the second respondent not to insist the payment of Rs. 2,00,000/- for discontinuing the Course. In fact, in the letter dated 10.8.2009 written by the second respondent to the first respondent, it is stated that the petitioner did not attend the college and he wanted to discontinue the Course. In this regard, the letter dated 10.8.2009 of the second respondent is extracted hereunder:
“Sir,
Sub: Dental Education - Tamil Nadu Governmant Dental College and Hospital, Chennai 3 – P. Kesavan joined BDS course during the academic session 2008-09 - Not willing to continue the BDS course - Non payment of Discontinuance fee of Rs. 2,00,000/- - Representation forwarded.
Ref: 1. This office letter Ref. No. 1937/DB/2008 dated 22.12.2008 and 20.1.2009
2. Letter dated 28.7.2009 from P. Kesavan addressed to the Hon‘ble Health Minister, Secretariat, Chennei 9.
3. Letter dated 29.7.2009 from P. Kesavan addressed to the Principal, Tamil Nadu Government Dental College, Chennai 3.
"I am to invite your kind attention to this office letters reference first cited wherein it was informed that the following five BDS students who were admitted into BDS course during the session 2008-09 have not paid their registration fees and also not submitted their Registration forms for onward transmission to the T.N. Dr. MGR Medical University and also not attending the College till date."
| Sl. No. | Name | |
| 1 | Saravanan, T. | Not attending the college. Wants to discontinue the course. |
| 2 | Sai Chenthur, N. | Not attending the college from the data of joining. |
| 3 | Kesavan, P. | Not attending the college from tha date of joining. |
| 4 | Satheesh, R. | Not paid the Registration fee and also not attending the college from January 2009 |
| 5 | Sujatha, A. | Not paid the Registration fee and also not attending the college from January 2009 |
I therefore request you to kindly issue necessary instructions in this regard.”
9. Subsequently the petitioner made various representations to the authorities requesting not to insist Rs. 2,00,000/- for discontinuing his studies and he expressed his inability to make the payment. Without the transfer certificate and Plus two mark sheet, he could not get employment. But, the certificates are not given by the respondents citing the agreement/bond executed by the petitioner at the time of joining the course.
10. On a perusal of documents, it is seen that the respondents have not signed in the agreement/bond that was executed by the petitioner. The agreement is thus an invalid one. Therefore, the Bame could not be enforced against the petitioner. Furthermore, as rightly contended by the learned counsel for the petitioner, there is no clause in the bond that the respondents could retain the certificates, until the payment is made. For not paying the amount, they could take at the most take recovery proceedings against the petitioner based on the bond.
11. In these circumstances, the writ petition is disposed of with a direction to the respondents to furnish the transfer certificate and Plus two mark sheet to the petitioner, within a period of two weeks from today. No costs. Consequently, connected miscellaneous petition is closed.
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