PUJA KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ appeal has been preferred under Clause 15 of the Letters Patent against the order dtd. 1/4/2024 passed by the learned Single Judge in W.P.No.22886 of 2023. By the said order, the learned Single Judge dismissed the appellant's writ petition, which sought a mandamus directing the respondents to grant her the Course Completion Certificate and MBBS Degree Certificate without insisting on repayment of fees.

(2.) The nub of the matter runs thus: The appellant secured admission to the MBBS course at the fifth respondent college through the regular centralized selection process. She successfully completed the five-year academic curriculum and her subsequent Compulsory Rotatory Resident Internship (CRRI). During her tenure, fees totaling Rs.1,13,70,500.00 was periodically remitted to the college account. However, the fourth respondent, the National Investigation Agency (NIA), during the course of its criminal investigation in RC No.05/2021/NIA/RNC, unmasked that the funds utilized to pay the appellant's college fees were directly derived from illegal, extorted funds raised on behalf of the Communist Party of India (Maoist), a proscribed terrorist organization.

(3.) Mr.Rakesh Kumar, learned counsel appearing on behalf of the appellant, contended that educational certificates cannot be retained as security or treated like financial deposits under a general lien. It was argued that certificates must be returned without insisting on immediate payment. In support of the said submission reliance was placed on a decision of a learned Single Judge of this Court in S.Muthukamatchi v. The Director of Technical Education, Anna University and others,2013 (1) CTC 595.