MMC directed to return certificates to student who discontinued diploma under state quota

Chennai:

Madras High Court has directed Madras Medical College to hand over the certificates and waive the penalty of Rs five lakh after a student had failed to honour the undertaking and opted out of the diploma course, allotted to her under state quota, to pursue her Masters in Clinical Pathology in Annamalai University.

Directing the dean of MMC to hand over the certificates of petitioner, A S Ponneyin Chelvi, Madras High Court judge M M Sundaresh said there is no question of penalty involved as the petitioner did not discontinue the  earlier course  but opted for a better one.

“The facts are not in dispute.  The petitioner is one of the candidate, who appeared for the third phase of counselling for the seats, which is allotted to the State quota as surrendered from the All India quota,” the judge said.

Ponneyin Chelvi joined the course of post graduate diploma in Clinical Pathology on June 30, 2014 and a  final and last counselling  was conducted on July 7 and 8, 2014. The state health secretary, director of medical education and secretary selection committee for post graduate medical studies have stated in their counter before the court that Chelvi was informed about the consequences. 

Interestingly, it was submitted before the court that Chelvi had given a undertaking to pay a penalty of Rs 5 lakh for surrendering her seat of diploma in clinical pathology.

It was submitted that the petitioner has sought the original certificates submitted to MMC from the Dean, Madras Medical College, Chennai but was refused on the ground of undertaking given by her as stipulated under Clause 45 of the  prospectus  for the year 2014-2015. 

Chelvi’s counsel had argued that that the above undertaking does not bind her as there is no discontinuation of the course involved. But the 

Additional Government Pleader submitted that the petitioner was allotted a seat surrendered under the All India Quota through merit list of the State.  Thus, the prospectus would govern the case. 

The judge said that it is not in dispute that the petitioner got admission from the surrendered seats based upon her standing in the merit list.  She got the seat in post graduate diploma in Clinical Pathology earlier and subsequently, M.D., (Pathology) degree course. 

“Thus, both the seats had been obtained with respect of the surrendered seats of All India quota filled up thereafter under the State quota.  Clause 45 of the Prospectus, though may have an application to the candidates, such as the petitioner, having been selected under the State quota, it thus apply to a case of discontinuation,” the judge observed. 

“There is no express prohibition for a candidate, who has already selected though for a diploma course from being considered for a post graduate degree course.  Admittedly, the petitioner has been selected on merit.  Therefore, Clause 45  of the Prospectus, as such, cannot have any application since no discontinuation is involved,” the judge said.  

“The undertaking given by her also cannot be put against her for the simple reason that there were no other degrees for MD, (Pathology) degree course.  A right coupled with the corresponding duty cannot be evaluated in terms of money,” the judge said