Madras High Court Directs MGR Medical University To Form Transgender Grievance Committee, Orders Return Of Student’s Certificates

 

The Madras High Court has directed Tamil Nadu Dr. MGR Medical University to constitute a university‐level committee under Rule 10(8) of the Transgender Persons (Protection of Rights) Rules, 2020. This mandate comes in a case filed by a transgender student, Vignesh D alias Gargi, who alleged that the medical college where they were pursuing their medical degree had withheld their original educational documents and made an arbitrary fee demand. The petitioners also sought recognition and issuance of other essential documents—such as internship log books, rotating internship compulsory certificates, transfer certificate, course cum conduct certificate, and attempt certificate—that are vital for completing studies and pursuing further career objectives.

Justice G.K. Ilanthiraiyan heard the petition which targeted Dhanalakshmi Srinivasan Medical College and Hospital and the Tamil Nadu Dr. MGR Medical University among others. The petitioner claimed that although admitted in 2019 under a minority seat, all dues for their MBBS course had been paid, yet they faced obstacles when their educational documents were withheld. The petitioner also stated that after identifying as transgender, they requested gender-neutral or gender-appropriate accommodation/hostel, which was not granted; instead, a separate room in the men’s hostel was eventually allocated following their plea with the district collector.

Additionally, the petitioner asserted that a fee of ₹4,50,000 was arbitrarily demanded as “development fee.” Their claim was that this demand was unjustified as the college itself had in one of its own bills acknowledged that all fees outstanding from the petitioner were covered by a government scholarship. The withholding of documents was allegedly tied to the non-payment of this “development fee.” Because of these withholdings, the petitioner was unable to participate in postgraduate medical counselling and could not maintain continuity in their professional standing—the provisional registration with the medical council had expired, which impaired their ability to seek employment.

In response, the college agreed in court to waive any fee arrears and were prepared to return all original certificates of the petitioner. The High Court noted that educational documents are the student’s property and cannot be retained by educational institutions merely on the ground of non-payment of fees; there is no statutory lien that allows institutions to withhold such documents. The court emphasized that delay or refusal to hand over certificates harms students and adversely impacts their careers.

Given these facts and the petition, the Court ordered the University (the 6th respondent) to constitute a committee accessible to transgender persons at the university level, in compliance with Rule 10(8) of the Transgender Persons (Protection of Rights) Rules, 2020. The Committee is to be established within twelve weeks from the date of receipt of the order.

Furthermore, the Court directed the petitioner to request the college for return of original documents—including educational certificates—within one week of receipt of the High Court’s order. The college was then ordered to hand over the documents by waiving off the fee demand.

The Court’s decision underscores important legal principles: that educational institutions cannot withhold essential documents for procedural or financial reasons once the student has satisfied the conditions agreed upon; that transgender persons are guaranteed protection under the Transgender Persons (Protection of Rights) Rules, 2020, including access to complaint or grievance redress committees in educational institutions; and that institutional policies—such as fees or accommodation decisions—must accommodate fundamental rights without discrimination.

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