Justice N.V Anjaria was hearing a plea in which the student was seeking directions to his institute for not giving mark sheet, degree certificate, attempt certificate, and other documents for the sole reason of non-payment of a penalty and fine charges.
Facts of case
In the present case, the petitioner is a student who has just finished his M.B.B.S course from Municipal Institute of Medical Education and Research, Surat. It was further stated that, on 6th February 2016, he was not allowed to attend the classes and giving examinations on the account of non-payment of tuition fees, late charges, and some others charges.
Petitioner has to pay Rs 11,87,875 for cheque bounced and sum of Rs 2,43,095 and 2,31, 326 for cheque returns respectively and late fee charges.
At last, the student decided to file a petition seeking for examination of the 9th semester which was starting from 11th February,2016.
Court's 10th February order
Pursual with facts court observed that the family was suffering from financial problems due to pandemic. Therefore, Court directed the petitioner that he can pay fees in installments. Court also stated that if the petitioner was found not honored the court's order, so institution has full right to retain the mark sheet and other documents.
Dean's 25th march order
On 25th march dean of the institute stated that all responsibilities given to the petitioner with regard to Rapid Antigen Test and COVID-19 vaccination will be removed on account of nonpayment of fees. It was further stated that he will not be considered as an eligible candidate for an internship.
Court's puts to the side 25th March Order of the Dean of the Institute
At the start, the Court noticed that it had, in its 10th February Order, would not go into the inquiries of duty of check bounce charges and late expense in the moment writ procedures, and consequently, the Court said.
In perspective on that, it was held that the action from the side of the Institute to retain the issuance of mark sheet and other documents and to further, considering him not eligible for internship and not permitting him to perform his duties could hardly sustain.
At last, the court directed the respondent to release the mark sheet, degree certificate attempt certificate, and other documents of the petitioner. it was also stated that the petitioner will be considered as an eligible person for internship and will not be denied to perform his duties.