R.Saritha v. The Institute of Road Transport, Perundurai Medical College & Research Centre

IN THE HIGH COURT OF JUDICATURE AT MADRASDATE: 10-07-2009CORAMTHE HONOURABLE MR.JUSTICE M.JAICHANDRENWrit Petition No.8007 of 2009R.Saritha.. Petitioner. Versus1.The Institute of Road Transport,Perundurai Medical College &Research Centre, Rep. by its Dean,Perundurai, Erode District-638 053.2.The Institute of Road Transport,Perundurai Medical College &Research Centre, Rep. by its Principal,Perundurai, Erode District-638 053.3.The Registrar,Dr. M.G.R. Medical University,Guindy, Chennai 32.R3 impleaded as per order dated 8.7.2009 in MP.4/09 in WP.8007/09.. Respondents.Prayer: Petition filed seeking for a Writ of Mandamus, to direct therespondents to issue the petitioner Course Completion Certificate,CRRI, transfer Certificate and provisional certificate. (Prayer amended as per order, dated 8.7.2009, by MJJ in M.P.No.3 of2009, in W.P.No.8007 of 2009)For Petitioner : Mr.M.Suresh KumarFor Respondents : Ms.Kala Ramesh (R1 & R2) Ms.A.L.Gandhimathi (R3)O R D E RHeard the learned counsel appearing for the petitioner and thelearned counsels appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

2. This writ petition has been originally filed praying for aWrit of Certiorarified Mandamus, to call for the records relating tothe proceedings of the second respondent, dated 9.7.2008, and quashthe same and to direct the respondents to issue the Course CompletionCertificate,Compulsory Rotatory Resident Internship Certificate, theTransfer Certificate and the Provisional Certificate to thepetitioner. Subsequently, the prayer had been amended by an order ofthis Court, made in M.P.No.3 of 2009, for the issuance of a Writ ofMandamus to direct the respondents to issue the Course CompletionCertificate, the Compulsory Rotatory Resident Internship Certificate,the Transfer Certificate and the Provisional Certificate to thepetitioner.3. The petitioner has stated that she belongs to Hindu Reddy(Ganjam) community, which is classified as a Backward ClassCommunity. She was issued with a Community Certificate by the DeputyTahsildar, Erode, on 17.6.2002, stating that she belonged to theHindu Reddy (Ganjam) community. The Deputy Tahsildar, Erode, hadissued the said certificate after conducting an enquiry and onverification of the relevant records. The petitioner's father and herrelatives have also been issued with similar certificates statingthat they belong to Hindu Reddy (Ganjam) community.4. It has been further stated that after completing her plus twocourse, she was admitted to the M.B.B.S course in the respondentCollege, during the academic year 2002-2003, under the quota reservedfor the Backward Class Community. Thereafter, she had completed thecourse in the year, 2007 and she had also completed the CompulsoryRotatory Resident Internship Certificate, in the month of October,2008. However, based on certain anonymous complaints, the DistrictBackward Class and Minorities Welfare Officer, Erode, by hiscommunication, dated 13.9.2005, had informed the petitioner that hercommunity certificate had been cancelled. The said communication ofthe District Backward Class and Minorities Welfare Officer, Erode,dated 13.9.2005, has been challenged by the petitioner, before thisCourt, in W.P.No.34199 of 2005. An order of interim stay has alsobeen granted. 5. It has been further stated that the petitioner had requestedthe respondents to issue the Course Completion Certificate, theCompulsory Rotatory Resident Internship Certificate, the TransferCertificate and the other certificates, including the provisionalcertificates, so as to enable the petitioner to register as a medicalpractitioner. However, the second respondent, by the impugnedcommunication, dated 9.7.2008, had rejected the request of thepetitioner. In such circumstances, the petitioner has preferred thepresent writ petition before this Court, under Article 226 of theConstitution of India. https://hcservices.ecourts.gov.in/hcservices/

6. The main contention of the learned counsel appearing for thepetitioner is that since the petitioner's Course CompletionCertificate and the Community certificate of the petitioner had notbeen cancelled by the appropriate authorities, it would not be opento the respondents to deny the request of the petitioner for theissuance of the certificates sought for by her. Since the enquiry,with regard to the community status of the petitioner, has not becomefinal, the impugned order passed by the second respondent, isarbitrary and illegal. Therefore, the impugned order of the secondrespondent, dated 9.7.2008, is liable to be set aside and therespondents are to be directed to issue the certificates sought forby the petitioner. 7. In the counter affidavit filed on behalf of the firstrespondent it has been stated that the said respondent is acting onlyas per the directions issued by the Tamil Nadu Dr.M.G.R.MedicalUniversity and it is only the said University that can issue thecertificates sought for by the petitioner. Pursuant to the letter,dated 19.9.2002, issued by the Tamil Nadu Dr.M.G.R. MedicalUniversity, the Community Certificates of the candidates, includingthat of the petitioner, had been sent for verification to verifytheir genuineness, to the concerned authorities. On 4.10.2005, aletter had been received from the District Backward Class andMinorities Welfare Officer, Erode, dated 13.9.2005, stating that thepetitioner does not belong to Hindu Reddy (Ganjam) Backwardcommunity. Thereafter, on 11.11.2005, a copy of the report had beensent to the Secretary, Selection Committee, Directorate of MedicalEducation, Kilpauk, Chennai, for further action. In suchcircumstances, the petitioner had preferred a writ petition beforethis Court, in W.P.No.34199 of 2005, praying for a Writ of Mandamusto forbear the second respondent therein from cancelling theadmission of the petitioner to the M.B.B.S course at the secondrespondent College, pursuant to the communication, dated 13.9.2005,issued by the District Backward Class and Minorities Welfare Officer,Erode. Since the genuineness of the community certificate produced bythe petitioner is in question, and as the community certificateissued to the petitioner had been cancelled, it is for theauthorities of Dr.M.G.R. Medical University to take appropriateaction and to decide upon the request made by the petitioner for theissuance of the necessary certificates. 8. At this stage of the hearing of the writ petition, thelearned counsel appearing on behalf of the petitioner had relied onsome of the orders passed by this Court in similar circumstances. Hehad placed before this Court an order of a learned Single Judge ofthis Court, dated 19.3.2008, made in W.P.No.6249 of 2008, the ordermade in W.P.No.2224 of 2006, dated 26.8.2008, and an order of theDivision Bench of this Court in W.P.No.37537 of 2007, dated https://hcservices.ecourts.gov.in/hcservices/

22.1.2008, wherein directions have been issued by this Court for theissuance of the certificates, based on certain conditions. 9. The learned counsels appearing on behalf for the respondentshad pointed out that the Supreme Court, in its decision reported inYogesh Ramchandra Naikwadi V. State of Maharashtra (2008(5) SCC 652),had permitted the appellant therein to retain the benefit of theengineering degree secured by him, subject to certain terms. It hadbeen stated that he shall not claim or seek any further benefit byclaiming that he belonged to a scheduled tribe, based on thecommunity certificate produced by him. Further, it was held that thecandidate cannot retain the financial benefits which he had receivedbased on the said certificate. A direction had also been issued tothe concerned State Government to take appropriate steps to enquireand assess the amount spent on the appellant, if any, as fee,scholarship or by way of concession in the fee and to demandrepayment of the same from the said candidate. The learned counselhad further stated that there may, however, be cases where it willnot be appropriate to permit the students to retain the degreeobtained by making a false claim. In such circumstances, thecandidate may not be entitled to claim the benefit of the degreecompleted by him.10. In view of the submissions made by the learned counsel forthe petitioner, as well as the learned counsels appearing on behalfof the respondents, and in view of the decisions cited supra, it isseen that the petitioner had completed the M.B.B.S course, as well asthe Compulsory Rotatory Resident Internship. Even though theCommunity Certificate submitted by the petitioner is said to havebeen cancelled by the District Backward Class and Minorities WelfareOfficer, Erode, in his communication, dated 13.9.2005, it is seenthat this Court had granted an order of interim stay of the saidcommunication, in the writ petition filed by the petitioner, inW.P.34199 of 2005. Further, an affidavit of undertaking has beenfiled on behalf of the petitioner, which is as follows:"2. I respectfully submit that during the 2005 I wasinformed by the 2nd respondent herein that The DistrictBackward Class & Minorities Welfare Officer, Erode has senta communication to the effect that I do not belong to HinduReddy (Kanjam) Backward Class Community. Thereafter, Ipreferred a Writ Petition in W.P.No.34199 of 2005 toforbear the respondent's from cancelling my Admission tothe M.B.B.S., course. The said writ petition was admittedand an interim order was also granted in my favour. I statethat the above writ petition is dismissed as infructuous bythis Hon'ble Court on 1.7.2009, since I have completed myCourse. https://hcservices.ecourts.gov.in/hcservices/

3. I respectfully submit that the communication sentby the District Backward Class & Minorities WelfareOfficer, Erode, regarding my community status has beenpassed without providing any opportunity to me and withouthearing me in person. It is submitted that I hadsuccessfully completed my course during 2007 andsubsequently, I undergone House Surgeon Training also. Inview of the same, I filed the present writ petition toissue Course Completion Certificate, CRRI, TranserCertificate and Provisional Certificate. 4. I respectfully submit that I hereby undertake thatI will not claim any concession as Backward Class, Hindu(Kanjam) Reddy Community on the basis of my CommunityCertificate in future for any purpose. I am also willing tosurrender my Community Certificate."11. In such circumstances, in view of the earlier orders passedby this Court cited supra, the petitioner is directed to surrenderthe original Community Certificate showing that the petitionerbelongs to Hindu Reddy (Ganjam) community to the Tahsildar, Erode,within one week from the date of receipt of a copy of this order. Onsuch surrender of the certificate, the Tahsildar, Erode, shallacknowledge the same by giving the petitioner a receipt as proofthereof. On production of the proof of the surrender of the CommunityCertificate of the petitioner, the respondents shall issue to thepetitioner the certificates sought for by the petitioner in thepresent writ petition. Accordingly, the writ petition is disposed of,with the above directions. No costs. Consequently, connected M.P.No.2of 2009, is closed. cshSd/Asst.Registrar/true copy/Sub Asst.RegistrarTo1. The Dean, The Institute of Road Transport,Research Centre, Perundurai Medical College &Perundurai, Erode District-638 053. https://hcservices.ecourts.gov.in/hcservices/

2. The Principal,The Institute of Road Transport,Research Centre, Perundurai Medical College &Perundurai, Erode District-638 053.3.The Registrar,Dr. M.G.R. Medical University,Guindy, Chennai 32.+ 1 cc to Mrs. Kala Ramesh, Advocate, SR No.30340+ 1 cc to Mr. M. Sureshkumar, Advocate, SR No.30537+ 1 cc to Mr. AL. Ganthimathi, Advocate, SR No.30712KSK(CO)SR/14.7.2009Writ Petition No.8007 of 2009