G.Vidya v. 1.The Registrar, The Tamil Nadu Dr.M.G.R.Medical University, No.69, Anna Salai, Guindy, Chennai-600 032 & Ors.

IN THE HIGH COURT OF JUDICATURE AT MADRASDATE: 10-07-2009CORAMTHE HONOURABLE MR.JUSTICE M.JAICHANDRENWrit Petition No.11965 of 2009 andM.P.No.1 of 2009G.Vidya ..PetitionerVersus1.The Registrar, The Tamil Nadu Dr.M.G.R.Medical University, No.69, Anna Salai, Guindy, Chennai-600 032.2.The Dean, Thanjavur Medical College, Thanjavur. ..RespondentsPrayer: Petition filed seeking for a writ of Mandamus, directing the2nd respondent to forward the application submitted by the petitioner,dated 15.4.2009, to the 1st respondent for getting 1) FinalProvisional Certificate, 2) Compulsory Rotatory Resident InternshipCertificate, 3) Course cum Conduct Certificate and 4) MedicalRegistration Certificate and direct the 1st respondent to issue thesame. For Petitioner : Mr.S.DoraisamyFor Respondents : Ms.A.L.Gandhimathi (R1) Ms.Dakshayani Reddy (R2) Government AdvocateO R D E RHeard the learned counsel appearing for the petitioner and thelearned counsels appearing for the respondents.2. This writ petition has been filed praying for a Writ ofMandamus to direct the second respondent to forward the application,dated 15.4.2009, submitted by the petitioner to the first respondentfor getting the Final Provisional Certificate; the CompulsoryRotatory Resident Internship Certificate; the Course cum Conduct https://hcservices.ecourts.gov.in/hcservices/ Certificate and the Medical Registration Certificate and to directthe first respondent to issue the same to the petitioner. 3. The petitioner has stated that she had passed plus two coursein the year, 2003 and thereafter, she had applied for the M.B.B.S.Course, under the Scheduled Tribe quota, based on the CommunityCertificate issued to her stating that she was belonging to`Kattunaickan' community, which is classified as a Scheduled Tribecommunity. The Community Certificate had been issued to thepetitioner by the Revenue Divisional Officer, Trichirappalli, on20.1.2003, after proper verification and enquiry. 4. It has been further stated that the petitioner had appearedfor the entrance examination and she had been selected and admittedfor the M.B.B.S course, under the quota reserved for the ScheduledTribe candidates. On such selection, she had been allotted to thesecond respondent College to pursue the M.B.B.S. course. She hadsuccessfully completed the M.B.B.S course in the year, 2008. When thepetitioner was in the second year of the M.B.B.S. course, the secondrespondent had referred the petitioner's Community Certificate forverification to the District Collector, Trichirappalli District.However, no enquiry had been conducted by the District Collector,till date. 5. It has been further stated that the petitioner's father, whohad obtained a Community Certificate stating that he belongs to`Kattunaickan' community, is working in the railways. The certificatehe had produced while joining the railway service had been verifiedand it was found to be genuine. Based on the said certificate, theRevenue Divisional Officer had issued the Community Certificate tothe petitioner in the year, 2003. 6. It has been further stated that after completing the M.B.B.S.course the petitioner had joined the House Surgency (CompulsoryRotatory Resident Internship) offered by the second respondent. Thepetitioner had completed the internship, on 28.3.2009. In spite ofcompleting the Compulsory Rotatory Resident Internship, theCommunity Certificate (original), the Plus Two Mark Sheet (Original)and the Transfer Certificate, had been withheld by the secondrespondent. The petitioner had submitted an application, dated15.4.2009, to the second respondent for getting the Final ProvisionalCertificate from the first respondent, enclosing the followingdocuments:1. Mark Sheets2. Departmentwise obtained completion and attendanceCertificates.3. Attempt Certificate https://hcservices.ecourts.gov.in/hcservices/

4. S.S.L.C Mark Sheets5. Plus Two Mark sheets (Xerox)6. Plus Two Transfer Certificate7. Final passing Medicine Provisional Certificate8. Certificate of Provisional Registration9. Internship Completion Certificate issued by the Dean10.No Due certificate from the hostel and the library.However, the second respondent had not forwarded the application tothe first respondent for the reason that the verification report ofthe petitioner's Community Certificate had not been received from theDistrict Collector, Trichirappalli. While so, the second respondenthad informed the petitioner that only after getting the report fromthe District Collector, the application of the petitioner would beforwarded to the first respondent for receiving the followingcertificates:1. Final Provisional Certificate,2. CRRI Certificate,3. Course cum Conduct Certificate,4. Medical Registration CertificateSince the refusal of the second respondent to forward the applicationof the petitioner, dated 15.4.2009, is arbitrary and illegal, thepetitioner has preferred the present writ petition before this Court,under Article 226 of the Constitution of India.7. At this stage of the hearing of the writ petition, thelearned counsel appearing on behalf of the petitioner had submittedthat this Court had passed many orders, in similar circumstances,directing the respondents to issue the certificates and to return thedocuments to the petitioners by imposing certain conditions. 8. The learned counsel had referred to the order passed by alearned Single Judge of this Court, dated 6.9.2008, made inW.P.No.6388 of 2008, the order made in W.P.No.3840 of 2009, dated6.4.2009, imposing certain conditions for the return of thecertificates and the other documents, prayed for by the petitioners.The learned counsel had also relied on a decision of a Division Benchof this Court, dated 13.3.2008, made in W.P.No.23086 of 2007, whereina similar order had been passed. https://hcservices.ecourts.gov.in/hcservices/

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 counselsappearing for the petitioner, as well as the respondents, and on aperusal of the records available, and in view of the decisions citedabove, this Court is of the view that in the present case thepetitioner would be entitled to receive the certificates, as prayedfor in the present writ petition. It is seen that even though thesecond respondent had referred the Community Certificate of thepetitioner for verification to the District Collector, TrichirappalliDistrict, no enquiry has been conducted, till date. 11. The learned counsels appearing on behalf of the respondentshave not been in a position to show that the District Collector,Trichirappalli, or any other authority had found that the CommunityCertificate submitted by the petitioner stating that she belongs toKattunaickan community, classified as a Scheduled Tribe community,had been obtained by fraud or misrepresentation and that it isinvalid in the eye of law. However, in view of the fact that thepetitioner had completed the M.B.B.S course, as well as theCompulsory Rotatory Resident Internship, she is entitled to receivethe certificates sought for by her from the respondents. Further, itis not the case of the respondents that the Community Certificateproduced by the petitioner had already been cancelled. Further, anaffidavit of undertaking has been filed on behalf of the petitioner,which is as follows:"I state that I have filed the above writ petition toissue a writ of mandamus directing the 2nd respondent toforward the application submitted by the petitioner, dated15.4.2009, to the 1st respondent for getting 1) FinalProvisional Certificate, 2.CRRI Certificate, 3.Course cum https://hcservices.ecourts.gov.in/hcservices/ Conduct Certificate and 4.Medical Registration Certificateand direct the 1st respondent to issue the same.3) I am filing this undertaking affidavit that infuture I will not claim any benefit under the ScheduledTribe Category in the event of my community certificate iscancelled and it is also made clear that in the even of thecertificate is cancelled, I should surrender my communitycertificate."12. In such circumstances, the second respondent is directed toforward the application of the petitioner, dated 15.4.2009, to thefirst respondent, within a period of two weeks from the date ofreceipt of a copy of this order and on receipt of the saidapplication, the first respondent shall issue the certificates soughtfor by the petitioner, within a period of two weeks, thereafter. Thewrit petition is disposed of with the above directions. No costs.Consequently, connected M.P is closed. sd/-Asst.Registrar/true copy/Sub Asst.RegistrarcshTo1. The Registrar, The Tamil Nadu Dr.M.G.R.Medical University, No.69, Anna Salai, Guindy, Chennai-600 032.2. The Dean, Thanjavur Medical College, Thanjavur.+ 1 c.c. to M/s. AL. Ganthimathi, Advocate. S.R.No.30711.+ 1 c..c to Mr. S. Doraisamy, Advocate. S.R.No.30579.Writ Petition No.11965 of 2009PKB (CO)GSK 14.07.2009.