# Prakash Kumar v. D.G., Directorate of Medical Education and Training & Ors

- **Citation:** (2024) 9 ILRA 674
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2024-09-02
- **Case number:** Writ C No. 1892 of 2023
- **Bench:** Alok Mathur
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/prakash-kumar-v-d-g-directorate-of-medical-education-and-training-ors-52504
- **Pages:** 4

## Headnote

Civil Law - Indian Contract Act, 1872 -
Section 171 - "educational certificates" as
lien - retention of original educational
certificates to secure bond amount -
Validity - "educational certificates" can
not
be
held
as
lien.
Educational
Certificates
not
being
a
marketable
commodity, is not subject to exercise of
any lien under Section 171 of the Indian
Contract Act, 1872 . Retention of original
educational certificates by the Medical
Institution to secure bond amount which a
candidate may be liable to pay, at the time
of withdrawal from the PG Diploma
course, cannot be sustained. Medical
College is bound to return the educational
certificates
to
the
candidate
after
verification of educational certificates is
complete and they are not required for the
said
purpose.
College
Administration
cannot retain the educational certificates
of the students.(Para 15, 16)
9 All. Prashant Kumar Vs. D.G., Directorate of Medical Education and Training & Ors.
675
Allowed. (E-5)

List of Cases cited:

Association of Medical Superspeciality Aspirants
& Residents & ors. U.O.I. & ors., (2019) 8 SCC
607

## Text

674 INDIAN LAW REPORTS ALLAHABAD SERIES
matter. The dispute raised is only as to the
genuineness of experience certificate and
competence of issuing authority/Principal
is before this Court as well as it was before
the Vice Chancellor.

30. On the two occasions, the Vice
Chancellor has failed to address the real
issue as to whether the Principal was
competent enough to issue such experience
certificate
being
not
an
appointing
authority. He was required to adjudicate
whether an experience certificate could be
issued by a Principal of an Institution or by
the appointing authority.

31. The issue raised by Sri Ojha
goes to the root of the matter which the
Vice Chancellor has failed to address
despite the repeated remand orders passed
by this Court. The present writ petition
cannot be thrown away on the ground of
alternative remedy as has already been held
by Apex Court that it is not an absolute bar
and is maintainable under the guidelines
laid down by Apex Court.

32.

Reliance
placed
upon
Commercial Steel Limited (supra) by
respondent counsel also only fortifies the
principle laid down by Hon'ble Apex Court
in case of Whirlpool Corporation (supra)
which has been followed in subsequent
decisions.

33. Considering the facts and
circumstances of the case, I find that the
preliminary objection raised by counsel for
fourth respondent has no legs to stand and
the same stands overruled. The present writ
petition is maintainable under Article 226
of Constitution of India.

34. Put up this matter, as fresh, on
19th September, 2024 for further hearing.
35. Looking to the facts and
circumstances of the case and order passed
by Vice Chancellor/ respondent no. 2, the
order impugned dated 23.06.2024 shall
remain stayed till the next date of listing.
----------
(2024) 9 ILRA 674
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 02.09.2024

BEFORE

THE HON'BLE ALOK MATHUR, J.

Writ C No. 1892 of 2023

Prakash Kumar ...Petitioner
Versus
D.G., Directorate of Medical Education and
Training & Ors. ...Respondents

Counsel for the Petitioner:
Digvijay Singh Yadav

Counsel for the Respondents:
Kshitij Mishra, Ramendra Kumar Yadav
Civil Law - Indian Contract Act, 1872 -
Section 171 - "educational certificates" as
lien - retention of original educational
certificates to secure bond amount -
Validity - "educational certificates" can
not
be
held
as
lien.
Educational
Certificates
not
being
a
marketable
commodity, is not subject to exercise of
any lien under Section 171 of the Indian
Contract Act, 1872 . Retention of original
educational certificates by the Medical
Institution to secure bond amount which a
candidate may be liable to pay, at the time
of withdrawal from the PG Diploma
course, cannot be sustained. Medical
College is bound to return the educational
certificates
to
the
candidate
after
verification of educational certificates is
complete and they are not required for the
said
purpose.
College
Administration
cannot retain the educational certificates
of the students.(Para 15, 16)
9 All. Prashant Kumar Vs. D.G., Directorate of Medical Education and Training & Ors.
675
Allowed. (E-5)

List of Cases cited:

Association of Medical Superspeciality Aspirants
& Residents & ors. U.O.I. & ors., (2019) 8 SCC
607
(Delivered by Hon'ble Alok Mathur, J.)

1. Heard Sri Digvijay Singh Yadav,
learned counsel for the petitioner as well as
Kshitij
Mishra,
learned
counsel
for
respondent nos. 1 and 3.

2. It has been submitted by learned
counsel for the petitioner that petitioner had
appeared in NEET PG Examination, 2022
for taking admission in PG Course and
secured 189.04 in All India 50% quota
rank.
On
the
basis
of
NEET
PG
Examination, 2022 result, provisional letter
of allotment was issued to the petitioner
allotting Sarojani Naidu Medical College,
Agra - respondent no. 3 in the programme
of Diploma Course in Dermatology.

3. It is next submitted by learned
counsel for the petitioner that allotment of
Diploma Course in Dermatology was
purely provisional and seat of candidate is
liable to be cancelled in case the candidate
does not fulfill the eligibility criteria on
verification of original documents at the
time of reporting or any time thereafter.
The
petitioner
participated
in
the
counseling and also completed all the
formalities of varification and also fill up
two years compulsory service bond as per
rules. In order to obtain admission, the
petitioner
has
to
deposit
entire
certificates/documents at the time of
counseling. It is also submitted that at the
relevant point of time the petitioner was
employed in ESIC, Delhi and was under
duty to apply for study leave before he
could have taken admission in the said
course. The petitioner could not obtain no
objection certificate from his employer and
therefore could not submit the same before
respondent no. 3 and therefore, could not
pursue
the
PG
Diploma
Course
in
Dermatology in the said Institution. It is
also case of the petitioner that he had also
signed a 'bond' with his employer i.e. ESIC,
Delhi where there is condition that after the
petitioner is given no objection certificate,
he has to undergo compulsory service after
completion of PG Diploma course.

4. It is in the aforesaid circumstances,
the petitioner was unable to pursue the said
course and accordingly he requested
respondent no. 3 to return his original
educational certificates deposited by him at
the time of admission to the PG Course.
Respondent no. 3 rejected the application
of petitioner by means of order dated
23.11.2023, stating that petitioner has
obtained admission in PG Diploma course
and in case he wishes to resign from the
aforesaid course, he has to deposit
Rs.5,00,000/- as well as salary he would
have received during the said period and
only on deposit of aforesaid amount can the
original certificates be returned. It is
against order dated 23.11.2023 that present
writ petition has been filed.

5. It is submitted by learned counsel
for the respondents that according to the
counter affidavit filed by the respondents
the petitioner is bound by the terms and
conditions of the bond which were
executed by him at the time of seeking
admission and which bond conditions were
known to him at the time of admission
exercise and during counseling. Alongwith
the bond, the petitioner also filed an
affidavit to the effect that he, if resigns
from the allotted seat, then penalty of
Rs.5,00,000/- will be imposed upon him.
676 INDIAN LAW REPORTS ALLAHABAD SERIES

6. It is further stated that the petitioner
was allotted reserve category seat of two
years PG Diploma Course under the All
India Quota Seat and the petitioner had
completed all the formalities of admission
while depositing his original certificates
and signing the bond and only subsequent
to that he was issued admission letter where
the petitioner had agreed to all the terms
and conditions.

7. Perusal of the counter affidavit
would indicate that the respondent Medical
College is demanding bond amount of
Rs.5,00,000/- before releasing the original
educational certificates, on account of not
pursuing entire length of course of PG
Diploma in Dermatology. Accordingly, the
issue before this Court is as to whether
original
educational
certificates
of
a
candidate are kept by the Institution as
security for payment of bond amount in
case the candidate wishes to withdraw from
the said course.

8. This Court has perused the
judgment of Hon'ble Supreme Court in the
case
of
Association
of
Medical
Superspeciality Aspirants and Residents
and Others Vs. Union of India and
Others, (2019) 8 SCC 607, wherein the
Apex Court has dealt in detail with the
validity and enforceability of the 'bond' at
the time of seeking admission in a medical
course.

9. Undoubtedly there is no dispute
that in case a candidate wishes to leave
the course, penalty of Rs.5,00,000/- can
be imposed upon him. In case a candidate
wishes to withdraw from the course he
has to pay bond amount and in case of
failure in making payment of bond
amount, same can be recovered by the
Medical College.

10. Question before this Court is as to
whether original educational certificates
can be kept as security to secure payment
of bond amount by the Medical College?

11. In this regard, this Court has
perused the 'bond' conditions as well as the
affidavit filed by the candidate seeking
admission in the PG Diploma Course. This
Court does not find any provision by which
lien is created on the original educational
certificates
of
a
candidate
seeking
admission in a PG Diploma Course, who
has undertaken to make payment of bond
amount in case he wishes to withdraw from
the said course.

12. Undoubtedly, in case a candidate
violates the terms and conditions of the
affidavit or bond, he will be under mandate
to pay the bond amount as provided therein
and the respondent Medical College would
be at liberty to recover the said amount in
accordance with law. But, on the other
hand this Court does not find any lien
created in favour of the Medical Institution
to retain original educational certificates in
order to enforce the bond conditions as
provided in the bond and affidavit filed by
the a candidate at the time of admission.

13. In absence of criteria of lien, the
Medical College could not retain original
educational certificates of any student. The
purpose
of
submission
of
original
educational record of a candidate at the
time of his admission is only to verify his
educational qualification and do not serve
the purpose of securing bond amount which
a candidate may be liable to pay at the time
of his withdrawal from the aforesaid
course.

14. In case it was intention of the
University
or
National
Medical
9 All. Ram Devi Vs. State of U.P. & Ors.
677
Commission then a specific provision in
this regard would have been provided for
and only when a lien is created only then
the Medical College would have right to
retain the original educational certificates
of the candidate.

15. It is no more res integra that
"educational certificates" can not be held as
lien. Educational Certificates not being a
marketable commodity, is not subject to
exercise of any lien under Section 171 of
the Indian Contract Act, 1872. Hon'ble the
Apex Court and various High Courts have
categorically held in a catena of judgments
that College Administration cannot retain
the educational certificates of the students.

16. Accordingly, this Court is of the
view that retention of original educational
certificates by the Medical Institution to
secure bond amount which a candidate may
be liable to pay, at the time of withdrawal
from the PG Diploma course, cannot be
sustained. Accordingly, on the request
made by a candidate, in case verification of
educational certificates is complete and
they are not required for the said purpose,
the Medical College is bound to return the
same to the candidate concerned.

17. At this stage it is made clear that
aforesaid action would not come in the way
of the Medical College in exercising its
right to realise the bond amount from the
petitioner, in accordance with law, in case
he violates the terms of admission and
withdraws from the said course without
completing the same.

18. All the provisions of law can be
taken aid of by the Medical College while
seeking realisation of bond amount from
the student.

19. In the light of above, impugned
order dated 23.11.2023 is hereby quashed.
The writ petition is allowed.

20. Respondent no. 3 is directed to
return
the
original
educational
certificates/records
of
the
petitioner
forthwith in accordance with law.
----------
(2024) 9 ILRA 677
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 19.09.2024

BEFORE

THE HON'BLE ALOK MATHUR, J.

Writ C No. 2671 of 2022

Ram Devi ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Savita Jain

Counsel for the Respondents:
C.S.C., Dilip Kumar Pandey, Praveen Kumar
Sharma

Civil Law - Constitution of India, 1950 -
Article 14 - Fair Price Shop Licence
Cancellation - Personal hearing before
Cancellation - Prescribed Authority passed
the impugned order canceling the licence,
ignoring the petitioner's request for a
personal hearing. That request was also
not considered by the appellate authority.
In the counter affidavit filed by the State,
there was no specific denial of this fact.
Held: Sub-Divisional Magistrate, by not
granting the petitioner an opportunity for
a hearing, has rendered the impugned
order illegal, arbitrary, and violative of
Article 14 of the Constitution of India. It
was incumbent upon the Sub-Divisional
Magistrate
to
afford
the
petitioner
personal hearing before proceeding with