High Court · 2025

W.P.No.33916 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 04.09.2025CORAMTHE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYANW.P.No.33916 of 2025andW.M.P.No.38048 of 2025Dr.R.Jeevanantham M.B.B.S No. 3/4- 85 Meel Street, Pannavadi Post, Kolathur Via, Mettur Taluk, Salem - 636 303 ....PetitionerVs1. The Union of India,Rep. by the Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi - 110 011.2. The Medical Counselling Committee (MCC),Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India, New Delhi - 110 011.3. The State of Tamil Nadu,Rep. by its Secretary, Health and Family Welfare Department, Fort St.George, Chennai – 600 009.4. The Tamil Nadu NEET PG Selection Committee,Page 1 of 10 https://www.mhc.tn.gov.in/judis W.P.No.33916 of 2025Directorate of Medical Education, Government of Tamil Nadu, Kilpauk, Chennai – 600 010.5. National Board of Examinations in Medical Sciences (NBEMS)Mahatma Gandhi Marg, Ring Road, New Delhi - 110 029.6. The State Level Scrutiny Committee,Rep. by its Chairman, Additional Secretary to Government, Adi Dravidar And Tribal Welfare Department, Fort St. George, Chennai – 600 009.....RespondentsPrayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents 2 and 4 to allow the petitioner with Roll No. 25661029600 in NEET-PG 2025 to participate in the counseling for admission to Post Graduate Degree Courses in medicine under the All India Quota (AIQ) and in the state of Tamil Nadu as a Scheduled Tribe (ST) Category candidate without insisting for a community certificate and to direct the 6th respondent to issue a temporary community certificate as the petitioner belonging to Hindu Konda Reddy Community which is a Scheduled Tribe.For Petitioner: Mr.V.StalinFor R1 & R2: Mr.A.S.Vijayaraghavan Special Panel Counsel For R3 & R6: Mr.K.Tippu Sultan Government AdvocateFor R4: Mrs.M.Sneha Standing Counsel ORDERPage 2 of 10 https://www.mhc.tn.gov.in/judis W.P.No.33916 of 2025This Writ Petition has been filed seeking a direction to the respondents 2 to 4 to permit the petitioner to participate in the counselling for admission to Postgraduate Degree courses in medicine under the All India Quota as well as under the State of Tamil Nadu quota, as a Scheduled Tribe category candidate, without insisting upon production of a community certificate.2. Heard the learned counsel appearing on either side and perused the materials available on record.3. The petitioner's parents belong to Hindu Konda Reddy community, which is a Scheduled Tribe. The concerned jurisdictional Tahsildar issued community certificate to his parents. On the strength of those community certificates, the petitioner's father applied for issuance of community certificate for the petitioner and his brother before the Sub Collector, Mettur Dam, Salem. However, no orders were passed. Consequently, a writ petition was filed before this Court in W.P.No.39493 of 2015 and the Division Bench of this Court directed the concerned authority to consider the representation of the petitioner and pass orders on merits and in accordance with law. However, the Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.No.33916 of 2025authority had rejected the request of the petitioner. 4. Challenging the said order of rejection, the petitioner once again filed a writ petition before this Court in W.P.No.10628 of 2017. By an order dated 24.07.2017, the Hon'ble Division Bench of this Court directed the petitioner therein to file an appeal against the order of rejection dated 09.01.2017 before the District Collector, Salem, who is the Appellate Authority. The Appellate Authority also rejected the claim of the petitioner and the same was challenged before this Court in W.P.No.24170 of 2019. Once again this Court, by an order dated 09.12.2019, directed the petitioner to file an appeal before the State Level Scrutiny Committee within a period of two weeks. Accordingly, the petitioner filed an appeal before the State Level Scrutiny Committee on 22.02.2020, which is still pending considertion. 5. Therefore, the petitioner's father filed a writ petition before this Court in W.P.No.28308 of 2023 seeking a direction to the District Collector, the Sub Collector and the State Level Scrutiny Committee to issue community certificate to the petitioner and his brother, on the basis of their parents community certificate. By an order Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.No.33916 of 2025dated 27.09.2023, the Hon'ble Division Bench of this Court directed the respondents to issue the community certificate within a period of eight weeks. 6. Aggrieved by the said order, a Special Leave Petition in SLP (Civil) No.10299 of 2024 was filed before the Hon'ble Supreme Court of India. The Hon'ble Supreme Court of India, by an order dated 25.02.2025, granted interim stay of the order passed by the Hon'ble Division Bench of this Court and directed to modify the order to the extent that the State Level Scrutiny Committee shall undertake the exercise at the earliest and submit its report before the Hon'ble Supreme Court of India to proceed further in the matter and the Special Leave Petition is still pending. Subsequently, the Hon'ble Supreme Court of India extended the time for submission of the report by the State Level Scrutiny Committee for a further period of three months on 02.06.2025. 7. The petitioner's father was issued a show cause notice by the State Level Scrutiny Committee calling for his explanation to the report submitted by the Deputy Commissioner of Police, Salem, dated 28.06.2025. The father of the petitioner submitted a detailed explanation Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P.No.33916 of 2025and orders are pending before the State Level Scrutiny Committee. In the meanwhile, the petitioner appeared for NEET-PG 2025 and secured 303 marks, whereas the cut off mark for the Scheduled Tribe candidates is 235. Accordingly, the petitioner applied for admission to the NEET-PG course 2025 under the Schedule Tribe category in All India Quota and State Quota. In fact, the petitioner had joined his under graduation medical degree under the Scheduled Tribe category in Annamalai University on 04.09.2017 pursuant to the order of this Court in W.P.Nos.17038 & 17039 of 2017, dated 13.07.2017, thereby directed the respondents to consider the petitioner's claim under Schedule Tribe category. The admission to the MBBS course was made subject to the result of the said writ petition. Thereafter, writ petitions were disposed of by an order dated 08.01.2018.8. A perusal of the interim order passed by this Court reveals that, without prejudice to the contentions of either party, the respondents were directed to consider the petitioner under the Scheduled Tribe category for admission, however, subject to the result of the main writ petition. Such interim order was passed on the strength of the pendency of the writ petition in W.P.No.10628 of 2017 before the Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.No.33916 of 2025Hon'ble Division Bench of this Court. In fact, all the writ petitions filed by the petitioner were dismissed except the final order passed by the Hon'ble Division Bench of this Court in W.P.No.28308 of 2023. The said order has also been challenged before the Hon'ble Supreme Court of India and interim directions have been issued therein. 9. Thus, it is clear that the petitioner's father, after securing admission for the petitioner in the MBBS course pursuant to the interim orders, allowed the writ petition to be disposed of without securing a final adjudication on merits. The petitioner has now completed his undergraduate medical course without even producing any valid community certificate under the category of Scheduled Tribe. Now, the explanation submitted by the petitioner's father before the State Level Scrutiny Committee is still pending consideration. In these circumstances, the petitioner has filed this writ petition seeking the very same direction to permit him to attend the counselling for admission to the postgraduate degree course in medicine under All India Quota and the State Quota as a Scheduled Tribe category, without insisting on production of a community certificate.10. A perusal of the report submitted by the Deputy Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.No.33916 of 2025Superintendent of Police, Salem, reveals that the Scheduled Tribe community certificates produced by the petitioner's parents were found to be bogus one. Consequently, their community certificates have already been cancelled, and the matter is presently pending enquiry before the State Level Scrutiny Committee.11. In view of the above, the direction sought for in this writ petition cannot be considered. This Court finds no merits in the writ petition and the same is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 04.09.2025Internet : YesIndex : Yes/NoLpp To1. The Secretary, Page 8 of 10 https://www.mhc.tn.gov.in/judis W.P.No.33916 of 2025Union of India,Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi - 110 011.2. The Medical Counselling Committee (MCC),Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India, New Delhi - 110 011.3. The Secretary, State of Tamil Nadu,Health and Family Welfare Department, Fort St.George, Chennai – 600 009.4. The Tamil Nadu NEET PG Selection Committee,Directorate of Medical Education, Government of Tamil Nadu, Kilpauk, Chennai – 600 010.5. National Board of Examinations in Medical Sciences (NBEMS)Mahatma Gandhi Marg, Ring Road, New Delhi - 110 029.6. The Chairman,State Level Scrutiny Committee,Additional Secretary to Government, Adi Dravidar And Tribal Welfare Department, Fort St. George, Chennai – 600 009.G.K.ILANTHIRAIYAN, J.LppPage 9 of 10 https://www.mhc.tn.gov.in/judis W.P.No.33916 of 2025 W.P.No.33916 of 202504.09.2025Page 10 of 10