Dr Parvathy Anitha Rajiv vs State Of Kerala

P.V.Kunhikrishnan, J.

The above writ petition is filed with following prayers:

“i. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the second respondent to release the original of Ext.Pl to the petitioner forthwith;

ii. Grant such other reliefs as this Hon'ble Court may deem fit and proper on the facts and circumstances of the case.” (sic)

The petitioner is a post graduate in medicine. She has done both the graduation from the Kottayam Government Medical College. It is the case of the petitioner that she has got an offer to do a course in Specialty Internal Medicine from the One Brooklyn Health - Interfaith Medical Centre, Brooklyn, New York, U.S.A. The course will start on 01.07.2023 and before that the petitioner has to submit all the original certificates including the degree certificate for verification. The grievance of the petitioner is that the original degree certificate (Ext.P1) was submitted to the second respondent at the time of joining the post graduation. By Ext.P5, the petitioner requested the second respondent to give the original of Ext.P1, but it has not been given till now is the grievance. Hence, this writ petition is filed.

Heard the counsel for the petitioner and the Government Pleader.

The counsel for the petitioner reiterated the contentions raised in this writ petition. The Government Pleader submitted that the petitioner executed a bond with the 1st respondent to the effect that she will work for one year after the PG course. Violating the bond executed, the petitioner is going to abroad and hence, the certificate was not given. The counsel for the petitioner takes me through paragraph 3 of the writ petition and submitted that she worked from July 2015 at Public Health Centre, Kadakkarappally, Alappuzha and she was transferred to the District Hospital, Kottayam in January, 2016 and worked there till January 2017. The Government Pleader submitted that no document is produced to prove the same.

This Court considered the contentions of the petitioner and the Government Pleader. A perusal of Ext.P5 request would show that the petitioner is ready to return the certificate after verification within three months. If that is the case, there can be a direction to the 2nd respondent to release the original degree certificate on condition that the petitioner will resubmit the same before the 2nd respondent, after three months.

Therefore, this writ petition is disposed of in the following manner:

The 2nd respondent is directed to release the original of Ext.P1 certificate, as expeditiously as possible, at any rate, within two days from the date of receipt of a copy of this judgment.

Once the certificate is received, after the admission process, the petitioner will resubmit the original of Ext.P1 to the 2nd respondent, as expeditiously as possible, at any rate within three months from the date of release of the certificate.