B.V.Latha v. The Director of Medical Education Office of Directorate of Medical Education Kilpauk, Chennai – 600 010

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 5.10.2009CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANIW.P.No.30790 of 2008B.V.Latha.. Petitioner Vs.1. The Director of Medical Education Office of Directorate of Medical Education Kilpauk, Chennai – 600 010.2. The State Level Community Certificate Scrutiny Committee St.George Fort, Chennai – 600 009.3. The Dean Madurai Medical College Madurai – 20. .. RespondentsPRAYER: Petition under Article 226 of the Constitution of Indiafor issue of a writ of Mandamus to direct respondents 1 and 3 toissue the Course Completion Certificate (p2) to the petitioner inrespect of her completion of MBBS Course and CRRI Training duringthe period of 2002 to October, 2008 at the 3rd respondent – MaduraiMedical College.For Petitioner:Mr.G.NagarajanFor Respondents:Mr.G.SankaranSpl. Government Pleader (Education)ORDERThe writ petitioner is stated to have born on 8.6.1985 atChennai and she belonged to Kondakapu community, which is aScheduled Tribe community. It is her case that her father alsobelongs to the same community and he is in Railway service. It isher further case that her father's sister has also been given acommunity certificate by the competent authority to the effectthat she belongs to Kondakapu community. The Personal Assistantto the Collector issued a community certificate on 29.9.1998 tothe petitioner denoting her community as Kondakapu, based on whichshe applied for MBBS course in the year 2002. In the entranceexamination she stood as No.2 among the Scheduled Tribe https://hcservices.ecourts.gov.in/hcservices/ candidates. She was selected and also joined in the third respondent– Madurai Medical College in the year 2002. 2. It is stated that in the routine course, the communitycertificate of the petitioner was sent for verification to theDistrict Collector, Chennai. There was an enquiry conducted by theDistrict Level Scrutiny Committee in which the father of thepetitioner was directed to be present on 3.4.2003 and on enquiry, thecertificate granted to the petitioner by the Personal Assistant tothe Collector was cancelled on 11.6.2003 on the basis that he is nota competent person to issue certificate to a person belonging toScheduled Tribe community. It was against the said order thepetitioner filed an appeal on 11.7.2003 before the second respondent,namely the State Level Scrutiny Committee.3. It is the case of the petitioner that the second respondentposted the appeal for hearing on 10.11.2003 and thereafter, there wasno hearing conducted by the second respondent at all. In themeantime, the third respondent – Madurai Medical College hassuspended the petitioner from the College from 30.9.2003 on theground that her community certificate has been cancelled. It wasagainst the said order the petitioner has filed W.P.No.28190 of 2003and this Court has granted an order of stay on 10.10.2003, which wasmade absolute on 9.7.2004.4. The first respondent has issued a general circular on19.12.2006 stating that in respect of the candidates relating to whomthe community verification report has not been received from thecompetent authority their Course Completion Certificates should notbe issued. After issuance of the said circular, the petitioner filedW.P.No.6297 of 2007 challenging the direction of the first respondentnot to issue Course Completion Certificate in those cases in whichthe issue of Community Certificate is pending, on the basis thatthere was no fault on her part and that the appeal is pending beforethe first respondent. The said writ petition came to be disposedof on 21.2.2007 with various directions, including a direction tothe second respondent to dispose of the appeal filed by thepetitioner dated 11.7.2003 on or before 31.3.2007. Even thereafter,according to the petitioner the appeal has not been disposed of bythe second respondent and she has also made another representation on26.11.2008 and there was no reply.5. In the meantime, the petitioner has completed her M.B.B.S.course, including CRRI training. She has also applied for admissionto Post Graduation course. Since the respondents are refusing toissue Course Completion Certificate, this writ petition is filed fora direction against respondents 1 and 3 to issue the CourseCompletion Certificate to the petitioner in respect of hercompletion of MBBS Course and CRRI Training during the period of 2002to October, 2008 at the 3rd respondent – Madurai Medical College. https://hcservices.ecourts.gov.in/hcservices/

6. By G.O.(2D) No.108, Adi Dravidar and Tribal Welfare (CV-1)Department, dated 12.9.2007, the Government has now clarified that asfar as the issuance of the community certificate to the ScheduledTribe Community is concerned, the competent authority is the StateLevel Scrutiny Committee, namely the second respondent, before whomthe appeal filed by the petitioner dated 11.7.2003 is pending.7. On the facts and circumstances of the case, it is clear thatthe petitioner was admitted in the M.B.B.S. course in the year 2002on the basis of the community certificate issued by the PersonalAssistant to the Collector indicating her community as Kondakapu, aScheduled Tribe and she completed her MBBS course, including CRRItraining in the year 2008 itself by virtue of the direction of thisCourt. But, the only thing to be completed is the issuance of theCourse Completion Certificate without which the petitioner cannotapply for Post Graduation.8. It is relevant to note at this stage, as submitted by thelearned counsel for the petitioner, that the appeal filed by thepetitioner dated 11.7.2003 before the second respondent, being thecompetent authority as per G.O.(2D) No.108, Adi Dravidar and TribalWelfare (CV-1) Department, dated 12.9.2007, has not been disposed of.9. Mr.G.Sankaran, learned Special Government Pleader (Education)has brought to the notice of this Court that in one of the cases theFirst Bench of this Court in exactly similar circumstances(W.P.No.1884 of 2008, order dated 31.1.2008) relied upon the judgmentof the Supreme Court in State of Maharashtra v. Milind, AIR 2001 SC393 wherein the Supreme Court has held that after completion of thecourse by an individual even if it is found later that the communalstatus of the individual concerned is something different, it is notfor the Court to interfere as the individual has already completedthe course, and taking into consideration the undertaking by way ofan affidavit given by the petitioner therein as well as his fatherthat they will not claim any benefit under the Scheduled Tribecategory, has issued a direction to the respondents therein to issueCourse Completion Certificate and further directed the petitionertherein and his father to surrender their community certificateswithout prejudice to their right to obtain fresh caste certificatesin accordance with law.10. In another case, the learned Single Judge of this Court byorder dated 9.7.2009 made in W.P.No.5251 of 2009 has held that theCourse Completion Certificate can be directed to be issued subject tothe condition that the petitioner will not claim any benefit from andout of the said community certificate for future education oremployment and that any admission based on the Course CompletionCertificate shall be subject to the final result in the proceedingsbefore the competent authority. https://hcservices.ecourts.gov.in/hcservices/

11. Mr.G.Nagarajan, learned counsel for the petitioner submitsthat Course Completion Certificate may be directed to be issuedsubject to the final decision in the proceedings pending before thesecond respondent.12. While disposing earlier writ petition in W.P.No.6297 of2007, by order dated 21.2.2007, this Court has held that till theState Level Scrutiny Committee passes final order in the appeal filedby the petitioner, the petitioner should not be put to any hardshipand that the third respondent shall permit the petitioner to continuethe course and take part in the examination and to admit her in CRRItraining. It was also stated that such continuation of course, thecompletion of training and issue of course completion certificatewill be subject to the ultimate outcome of the order passed by theState Level Scrutiny Committee. 13. However, it is an admitted fact that the petitioner hascompleted her MBBS Course and CRRI training and the second respondenthas not passed any order in the appeal dated 11.7.2003 preferred bythe petitioner.In such view of the matter, the writ petition is disposed ofwith a direction against the third respondent – Madurai MedicalCollege, Madurai to issue Course Completion Certificate to thepetitioner in respect of MBBS Course and CRRI Training undergone bythe petitioner in the third respondent College on production of thecopy of this order. It is made clear that issuance of the saidcertificate shall be without prejudice to the right of the secondrespondent to pass appropriate order and subject to the result of theappeal filed by the petitioner dated 11.7.2003. It is also madeclear that if the petitioner by using the Course CompletionCertificate of MBBS course as well as the CRRI Training obtains anyadmission to Post Graduation Degree, the said admission also shall besubject to the final order to be passed in the appeal by the secondrespondent, which should be passed by the second respondent as perthe earlier direction of this Court dated 21.2.2007 made inW.P.No.6297 of 2007. No costs. Consequently, M.P.Nos.1 of 2008and 1 of 2009 are closed.SasiSd/-Asst. Registrar//True Copy//Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/ To:1. The Director of Medical Education Office of Directorate of Medical Education Kilpauk, Chennai – 600 010.2. The State Level Community Certificate Scrutiny Committee St.George Fort, Chennai – 600 009.3. The Dean Madurai Medical College Madurai – 20.+ 2 ccs to Mr.G.Nagarajan, Advocate SR No.50566KK(CO)SR/5.10.2009W.P.No.30790 of 2008