THASNEEM TAJ E. Vs. STATE OF KERALA

JUDGEMENT

(1.) Two Doctors who successfully completed their Post Graduate Course after being admitted in two Self Financing Colleges in the Government Quota, as per the seat sharing agreement entered into with the Government, has approached this Court seeking release of their certificates entrusted with the College at the time of admission as also for issuance of course completion certificates. In the course of the pendency of the writ petition, by interim order dated 12.02.2019, the students were directed to be handed over the certificates which were entrusted to the College at the time of admission. The same has been done. The learned Counsel appearing for the management submits that the interim order is subject to the result of the writ petition and hence the mere compliance of the interim order cannot result in the rights of the management being frustrated.

(2.) On facts, we have to notice that the 1 st petitioner was admitted to the 4th respondent College for PG Course-MD in General Medicine and the 2nd petitioner to the 5th respondent College for the course-MD in Community Medicine. Both completed the course successfully and immediately thereafter obtained employment under the State through the Public Service Commission. They joined the State service and hence failed to respect their obligation insofar as bonded service for one year with the institution. The Self-Financing Colleges assert their right to withhold the certificates entrusted to them at the time of admission. In the context of refusal to comply with such bonded service; they assert their right to release the certificates only if such bond is discharged or liquidated damages of Rs.10,00,000/- is paid.

(3.) We have heard the learned Senior Counsel Sri.Sugunapalan appearing for the petitioners and Smt.Vaheeda and Sri.R.T.Pradeep, learned Counsel appearing respectively for the 4th and 5th respondents and Smt. Mary Benjamin, Standing Counsel appearing for the 6th respondent.