Mr.Jibin George vs The Principal on 28 October, 2014

[Cites 2, Cited by 2]

Karnataka High Court

Mr.Jibin George vs The Principal on 28 October, 2014

Bench: A S Bopanna

                              1




IN THE HIGH COURT OF KARNATAKA AT BANGALORE

  DATED THIS THE 28TH DAY OF OCTOBER 2014

                       BEFORE

       THE HON'BLE MR. JUSTICE A S BOPANNA

       WRIT PETITION NO.38116/2014 (EDN-RES)


BETWEEN:

MR. JIBIN GEORGE
AGED ABOUT 21 YEARS,
I.B.B.A
TRAVANCORE BUSINESS ACADEMY,
NNC ESTATE, VADAKKEVILLA P.O.,
KOLLAM 691010
PERMANENT RESIDENT OF
S/O MR.GEORGE VERGHEESE,
PALLATHALUMOOR HOUSE,
TANGASSERI, KOLLAM,
KERALA-691007                      ... PETITIONER

(By Dr. S ARUMUGHAM, ADV. )


AND:


  1. THE PRINCIPAL
     SHREE DEVI INSTITUTE OF TECHNOLOGY
     AIRPORT ROAD, KENJAR,
     MANGALORE-574142

  2. THE VICE CHAIRMAN
     SHREE DEVI INSTITUTE OF TECHNOLOGY
     AIRPORT ROAD, KENJAR,
     MANGALORE-574142

  3. THE REGISTRAR
     VISVESVARAYA TECHNOLOGICAL UNIVERSITY
     JNANA SANGAMA
     BELGAUM-590018
                             2



  4. THE PRINCIPAL
     TRAVANCORE BUSINESS ACADEMY,
     NNC ESTATE,
     VADAKKEVILLA P.O.,
     KOLLAM 691010
                                          ... RESPONDENTS

(By Sri. OMKAR KAMBI, ADV. FOR R1 & R2
    Sri. K S BHARATH KUMAR, ADV. FOR R3
    R4-SERVED)



     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO
DIRECT THE R-1 TO 3 TO ISSUE TRANSFER CERTIFICATE,
CONDUCT CERTIFICATES AND MIGRATION CERTIFICATE OF
THE PETITIONER LAST STUDIED IN I B.E. [MECHANICAL
ENGINEERING] IN THE R-1 COLLEGE TO FURTHER HIS CARRER
AND ETC.


     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING :

                       ORDER

The petitioner is before this Court seeking for issue of mandamus to respondents No. 1 and 2 to issue the Transfer Certificate, Conduct Certificate, Migration Certificate and other credentials of the petitioner which has been deposited with respondents No. 1 and 2.

2. The petitioner who had been admitted to B.E. Course in the Institution run by respondents No. 1 and 2 was unable to continue the same. Accordingly, 3 the petitioner having discontinued the B.E. Course has joined B.B.A. Course in the fourth respondent-College. Since respondents No. 1 and 2-Institution has not returned the said documents to the petitioner so as to enable him to submit it to respondent No.4-College, the petitioner is before this Court.

3. Learned counsel for respondents No. 1 and 2 would submit that subject to the availing of their remedies in accordance with law before the appropriate forum to seek and recover the loss, they have no objection to return the documents to the petitioner. However, for the present, before the documents are returned to the petitioner, he would have to submit 'No Due Certificate' from the Library to find out as to whether all the books borrowed by him have been returned to the Library. The learned counsel would also contend that they should be given the liberty of seeking for the fee that they have lost due to discontinuance of the petitioner during the middle of the course by initiating appropriate proceedings. 4

4. Having noticed these aspects of the matter, for the present, since the issue of return of the documents is paramount so as to enable the petitioner to submit the same to respondent No.4-College, that aspect of the matter is considered in the instant petition by leaving open the question relating to the aspect as to whether respondents No. 1 and 2 could recover any amount from the petitioner which would be considered in the appropriate proceedings, if respondents No. 1 and 2 choose to initiate such proceedings.

5. Hence, at this juncture, the petitioner is directed to approach respondents No. 1 and 2 after receiving 'No Due Certificate' from the Library on the books if any, being returned to the Library. The petitioner shall comply with the same and approach respondents No. 1 and 2 on 10.11.2014. Respondents No. 1 and 2 shall return the documents to the petitioner on 'No Due Certificate' being submitted from the Library.

6. Insofar as the claim of respondents No. 1 and 2 relating to the loss in fees due to discontinuance, the same is not adverted to in this petition, but the contentions of the petitioner as also respondents No. 1 and 2 in that regard are left open if the respondents initiate any such proceedings for recovery in accordance with law.

In terms of the above, the petition stands disposed of.

Sd/-

JUDGE hrp/bms

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