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Judgment
S.S. Subramani, J.—The Writ Petition is filed for the issuance of Writ of Mandamus, directing the Respondents to accept the attested Transfer Certificate issued by the Headmaster of Vellayan Chettiar Higher Secondary School, Thiruvottiyur, Madras, and allow the Petitioner to continue the I year B.D.S. course.
The Petitioner, who after successfully completing his plus 2 Course in the year 1996, applied for admission into Professional Course, viz., MBBS., BDS and Engineering Course. In the meanwhile he was offered a seat to the 4-year degree course in Kurushetra Regional Engineering College, Haryana, a college affiliated to the Guru Jambeshwar University, Hisar. The Petitioner joined the said college, and while he was undergoing the studies, he was offered admission into B.D.S. Course in the 2nd Respondent college, pursuant to the orders passed by this Court in W.P. No. 9971 of 1996, dated 28-2-1997. The Petitioner also narrated the circumstances under which he had to file the said Writ Petition, which are all not necessary for the purpose of our case. Hence they are omitted to be extracted.
The Petitioner before joining the 2nd Respondent college, requested for a Transfer Certificate from the Regional Engineering College, Kurushetra. It is his case, that the said college is not in the habit of issuing Transfer Certificate, and the management issued a certificate which reads thus:
This is to certify that Sh. R. Rama Krishnan, Roll No. 96213 S/o Sh. K. Ramamurthy was a student to 4-year B. Tech. Degree Course at this college. He has withdrawn his admission at his request.
The above portion of the certificate is type-written. Below the same the following is written:
During this stay at this college, his conduct was good. This college does not issue any Transfer Certificate.
The said certificate is initialled by the Deputy Registrar (Acad.), Regional Engineering College, Kurushetra.
It is the case of the Petitioner that on the basis of this certificate, he represented before the 2nd Respondent that he is unable to produce the Transfer Certificate. But both the Respondents insisted the Petitioner for the production of the same, and at that time he was compelled to give an undertaking that he will produce the Transfer Certificate. Since the Petitioner could not get the Transfer Certificate from Regional Engineering College, Kurushetra, he has no other go except to approach the school, where he last studied. He requested the Headmaster of the school for issuance of the duplicate transfer certificate, though he was told that duplicate transfer certificate will be issued only when the original is lost or destroyed. But the Headmaster was generous enough to encourage the Petitioner being a meritorious student of the school, and issued an attested copy of transfer certificate. The Petitioner produced the attested copy of T.C., before the 2nd Respondent who refused to accept the same. At that time the Petitioner was also informed by the 2nd Respondent that his name will be removed from the roll. Under the above circumstances, the Petitioner has come to this Court with the grievance stated above, and to have the same redressed.
A detailed counter affidavit has been filed on behalf of the Respondents. It is said that the Petitioner was provisionally selected for I year B.D.S. course in the year 1997-98. At that time he did not produce the original transfer certificate, and gave ah undertaking that he will submit the same within 45 days from the date of joining the course. On that undertaking, he was allowed to join the course on 8-8-1997. The Petitioner did not produce the certificate, and therefore, the 2nd Respondent issued a letter on 18-10-1997, asking him to produce the same. At that time the Petitioner produced an attested copy of transfer certificate issued by the headmaster, Vellayan Chettiar Higher Secondary School, Thiruvottiyur, Chennai-19. The Respondents did not accept the same, since the said certificate is not acceptable, and on the basis of the undertaking he is bound to produce the original transfer certificate from Regional Engineering College, Kurushetra alone. The Transfer Certificate must be from the institution in which the Petitioner studied last. If the same is not produced, the admission of the Petitioner is liable to be cancelled.
After having heard the counsel on either side, I feel that the Petitioner is not entitled to any relief from this Court.
It is not disputed by the Petitioner that he is also bound by the prospectus, on the basis of which he got admission. Paragraph 18.1. of the prospectus at page 6 reads thus:
The selected candidates will be called for verification of certificates by the Deans of the Medical Colleges/Institutions concerned. Candidates will have to produce the original mark-sheet of the qualifying examination and other original documents, such as proof of age, certificate of social status, transfer certificates, etc. at the time of verification. Selection will be cancelled if the candidates do not produce all the original documents and the original transfer certificate.
Agreeing to the terms and conditions of the prospectus, the Petitioner joined the 2nd Respondent college. It is the case of the Petitioner that he joined the Regional Engineering College, Kurushetra, where, it is alleged, they are not in the habit of issuing transfer certificate. The very appearance of the certificate stated to have issued by the said college give some doubt about its genuineness.
Even if we took that the certificate issued by Regional Engineering College, Kurushetra, as a genuine one, nothing prevented the Petitioner from getting back the original Transfer Certificate produced by him while he was joining in that college. Here it is a case of leaving the college before completing the course and naturally the authorities therein are bound to return the original Transfer Certificate along with the other original documents. If the Petitioner was really a student of Vellayan Chettiar Higher Secondary School, original Transfer Certificate could be filed before the Regional Engineering College, Kurushetra, and he can get back the same and produce before the 2nd Respondent. Without attempting to get back the original Transfer Certificate from the Regional Engineering College, the Petitioner got a copy of Transfer Certificate purported to have been issued by the Vellayan Chettiar Higher Secondary School, and got it attested by the Headmaster of the said school. When the prospectus is very clear that all original documents will have to be filed, and the failure on the part of the Petitioner in producing the original Transfer Certificate has resulted in cancellation of his admission. He has also given an undertaking that he will produce the original Transfer Certificate within a period of 45 days from the date of his joining the course.
As per the prospectus, the Petitioner is bound to produce the original Transfer Certificate from the institute in which he studied last and in fact he is bound to produce the Transfer Certificate from the Regional Engineering College, Kurushetra. Not only that, he has also failed to produce the original Transfer Certificate issued by Vellayan Chettiar Hr. Section School, Chennai, where he last studied. Now-a-days, when fraudulent certificates are created, the insistence of the production of original by the authorities is only to be strictly adhered to.
The action of the Respondents in insisting the production of original Transfer Certificate in terms of the prospectus is justified. The Petitioner wants to issue a Writ of Mandamus to compel the Respondents to accept the attested copy of Transfer Certificate. If the same is allowed, this Court will be compelling the Respondents to do some illegality. The Court of law is not expected to issue any such directions. Consequently, the Writ Petition is dismissed. The connected W.M.P. is also dismissed.