SHIREEN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners have undergone and completed MBBS Course in a private self financing medical college in the State. Their grievance in this writ petition concerns the refusal of the College in issuing certificates which are required for their future studies, such as, Transfer Certificate, Conduct Certificate, Attempt Certificate etc and in not returning their Xth and XIIth standard original certificates collected at the time admission.

(2.) The petitioners are students admitted for the course in the College under the Government quota from the merit list prepared by the Commissioner for Entrance Examinations in the academic year 2010-11. They have completed the course and the internship that followed the course during 2016. The prospectus published by the Commissioner for Entrance Examinations for admission to MBBS Course during the relevant year contained a provision to the effect that the students who successfully complete the MBBS Course from Medical Colleges in the State are liable to serve in rural areas on completion of the MBBS Course in accordance with the provisions contained in the orders issued by the Government from time to time. According to the petitioners, there is no requirement which makes it obligatory for the students who have undergone MBBS Course under the Government quota in private self financing medical colleges to serve in rural areas at present and the certificates, which they are entitled to on completion of the MBBS Course as also the original certificates which have been collected from them at the time of admission to the course, are withheld by the College on the ground that they have not fulfilled their obligation to serve in rural areas as per the terms of the prospectus. The petitioners, therefore, seek directions to the College to issue the certificates which they are entitled to on completion of their MBBS Course and to return their original certificates which have been collected at the time of their admission to the course.

(3.) A counter affidavit has been filed by the third respondent, the Principal of the College. It is stated in the counter affidavit that the College is a member of the Kerala Private Medical College Management Association; that 50% of the MBBS seats in the member colleges of the said Association are being filled up from the merit list prepared by the Commissioner for Entrance Examinations in terms of an agreement entered into by the State Government with the Association on 9.6.2010; that the State Government have, among others, permitted the member colleges of the Association to get service bonds from the students admitted under the Government quota in their respective colleges for a period not exceeding one year; that the petitioners along with their parents have executed service agreements/bonds in terms of the orders issued by the Government in this connection; that the petitioners have agreed to pay a sum of Rs.13 lakhs each, less the amount of tuition fee paid by them, by way of liquidated damages for breach the said service agreements/bonds; that the petitioners have, in terms of the service agreements/bonds executed by them, authorised and permitted the college to withhold their certificates until they fulfil their obligation under the service agreements/bonds or till they pay the amounts agreed to be paid in lieu of the same; that the petitioners have neither fulfilled their obligations under the service agreements/bonds executed by them nor paid the amount liable to be paid in terms of the agreements/bonds and that the certificates claimed by the petitioners are not issued/returned for the said reason.