High Court · 2025

W.A.No.2910 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 14.10.2025 CORAM THE HONOURABLE MR.JUSTICE R.SURESH KUMARandTHE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDARW.A.No.2910 of 2025andC.M.P.No.23557 of 2025Dr.R.Jeevanantham... Appellant-Vs-1. 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 Directorate of Medical Education Government of Tamil Nadu Kilpauk, Chennai – 600 010.1/10 https://www.mhc.tn.gov.in/judis W.A.No.2910 of 20255. National Board of Examinations in Medical Sciences (NBMS) 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 : Appeal filed under Clause XV of Letters Patent, against the order dated 04.09.2025 in W.P.No.33916 of 2025.For Appellant:Mr.Sathish Parasaran, Senior Counselfor Mr.V.StalinFor Respondents:Mrs.M.Sneha, Special Counselfor Health & Family Welfare Departmentfor R3 & R4Mr.M.Alagu GouthamGovernment Advocate for R6J U D G M E N T(Judgment of the Court was delivered by R.SURESH KUMAR, J.)This intra Court appeal has been directed against the order dated 04.09.2025 made in W.P.No.33916 of 2025.2. The appellant / petitioner has completed MBBS degree as pursued MBBS degree under Scheduled Tribe quota of course pursuant to the interim order passed by the Court.2/10 https://www.mhc.tn.gov.in/judis W.A.No.2910 of 20253. Insofar as the claim of the appellant / petitioner for getting Community Certificate for Scheduled Tribe Community, the issue had been ultimately gone to the Hon'ble Supreme Court and it is pending in SLP (Civil) No.10299 of 2024 where time has been given by the Hon'ble Supreme Court to the State Level Scrutiny Committee to complete the enquiry and file a report.4. It is in this context, the appellant / petitioner since has appeared for NEET-PG 2025 and also has secured 303 marks, whereas the cut-off marks for the Scheduled Tribe candidate is 235, therefore it is the case of the appellant / petitioner that if his candidature is considered under Scheduled Tribe Community candidate, certainly he will be in the zone of consideration in the PG Medical Course admission.5. Only in that context, he had approached the writ Court by filing the said writ petition seeking for a writ of mandamus directing the respondents 2 to 4 to allow the writ petitioner to participate in the counselling for admission to the Postgraduate Degree courses in Medicine under All India Quota and in the State of Tamil Nadu quota as Scheduled Tribe category candidate without insisting for Community Certificate and also seeking direction to the sixth respondent to issue temporary Community Certificate. That writ petition having 3/10 https://www.mhc.tn.gov.in/judis W.A.No.2910 of 2025been heard was dismissed by the impugned order of the writ Court dated 04.09.2025. Aggrieved over the same, the present intra-Court appeal has been directed.6. We have heard Mr.Sathish Parasaran, learned Senior Counsel appearing for the appellant, Mrs.M.Sneha, learned Special Counsel for Health and Family Department appearing for the respondents 3 & 4 and Mr.M.Alagu Goutham, learned Government Advocate appearing for the sixth respondent.7. When this matter came up for hearing on the earlier occasion, i.e., on 24.09.2025, we have passed the following order:"Mr.E.Veda Bhagat Singh, learned Additional Government Pleader who takes notice on behalf of the 6th respondent wants one day accommodation to ascertain the fact as to whether the report has been prepared by the State Level Scrutiny Committee and if so, the same has already been filed before the Hon'ble Supreme Court as has been directed in the pending SLP and after ascertaining the said details, a status report be filed before this Court by tomorrow (25.09.2025). Post on 25.09.2025."8. Again when the matter came up for further hearing on 07.10.2025, we have passed the following further order:4/10 https://www.mhc.tn.gov.in/judis W.A.No.2910 of 2025"Pursuant to our earlier orders, today, status report has been filed by the Chairman of the State Level Scrutiny Committee, whereby, inter alia, the following has been stated:-“5. It is submitted that, since the Vigilance Cell Report of the Deputy Superintendent of Police is "Not genuine". The Director of Tribal Welfare Department, Chennai has issued a showcause notice dated 04.07.2025 to the appellant's father stating to furnish his explanation on the Vigilance Cell Report within 2 weeks. Accordingly, the appellant's father Thiru.S.Ramesh vide his explanation dated 18.08.2025 stated that he does not accept the Vigilance Cell Report and requested the State Level Scrutiny Committee to consider his explanation to the showcause notice and documents available with him.6. It is further submitted that the State Level Scrutiny Committee has summoned the appellant's father Thiru.S.Ramesh to appear before the Committee on 07.10.2025 at 11.30 am for enquiry along with his original documents to substantiate his Kondareddis Scheduled Tribe Community Claim.7. In these circumstances, it is therefore prayed that this Hon'ble Court may be pleased to make the status report on record and pass suitable orders as this Hon'ble Court may deem fit and proper.”5/10 https://www.mhc.tn.gov.in/judis W.A.No.2910 of 20252. Relying upon this status report, the learned Additional Government Pleader would submit that, as directed, the appellant is expected to appear before the State Level Scrutiny Committee by today 3:00 pm. 3. This position is confirmed by the learned counsel appearing for the appellant also.4. After completing the enquiry by today, a final decision would be taken by the State Level Scrutiny Committee and orders would be passed within a period of one week, is the submission of the learned Additional Government Pleader appearing for the sixth respondent.5. Recording the same, call the present appeal for further hearing on 14.10.2025. In the meanwhile, if orders are passed, a copy of the same shall be placed before this Court. It is also made clear that, by today, without taking any further excuses, the appellant shall appear before the State Level Scrutiny Committee and whatever time he is consuming, the State Level Scrutiny Committee shall provide the time today and complete the enquiry."9. Pursuant to the same, when the matter is taken up for further hearing today, Mr.M.Alagu Goutham, learned Government Advocate appearing for the sixth respondent has filed a status report of State Level Scrutiny Committee-III by its Chairman, who is Additional Secretary to Government.6/10 https://www.mhc.tn.gov.in/judis W.A.No.2910 of 202510. In the said status report, inter alia, the State Level Scrutiny Committee has given various reasons as to why the plea of the appellant / petitioner to seek Community Certificate for Scheduled Tribe Community has to be rejected and ultimately has rejected the same by giving the following conclusion:"8 (xii). In light of the above findings (i) the absence of official records validating the issuance of the Form of Caste certificate, dated 22.11.1978, (ii) contradictory and inconsistent depositions by relatives and (iii) the negative Vigilance Cell and anthropological report, the Committee concludes that Thiru.S.Ramesh, S/o.Senreddy does not belong to "Kondareddis".11. It is further to be noted that, actually the preparation of the full-fledged report as directed by the Hon'ble Supreme Court in the pending SLP is on and it will be filed soon before the Hon'ble Supreme Court as stated by the learned Government Advocate appearing for the sixth respondent.12. Therefore, after completing the thorough enquiry, now the State Level Scrutiny Committee has come to the conclusion that the appellant / petitioner or his father do not belong to Kondareddis Community which is one of the Scheduled Tribe Community. 7/10 https://www.mhc.tn.gov.in/judis W.A.No.2910 of 202513. When that being the categorical assertion and finding given by the State Level Scrutiny Community, at this juncture, the prayer sought for by the appellant / petitioner in the said writ petition cannot be considered and granted, therefore even prior to the said conclusion which is now reached by the State Level Scrutiny Committee because of the pendency of the enquiry before the said Committee, the learned Judge since has dismissed the said writ petition, the said stand taken by the writ Court now stands vindicated. Because of the conclusion now arrived at by the State Level Scrutiny Committee after completing full-fledged enquiry, we are not inclined to entertain this writ appeal as against the order impugned. In that view of the matter, the Writ Appeal deserves to be dismissed, according it is dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.(R.S.K., J.) (H.C., J.) 14.10.2025NCC : Yes / NoIndex : Yes / NoSpeaking Order : Yes / Novji8/10 https://www.mhc.tn.gov.in/judis W.A.No.2910 of 2025To1. The Secretary, The Union 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 The 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 (NBMS) Mahatma Gandhi Marg, Ring Road New Delhi – 110 029.6. The Chairman, The State Level Scrutiny Committee Additional Secretary to Government Adi Dravidar and Tribal Welfare Department Fort St. George, Chennai – 600 009. 9/10 https://www.mhc.tn.gov.in/judis W.A.No.2910 of 2025R.SURESH KUMAR, J.and HEMANT CHANDANGOUDAR, J.vjiW.A.No.2910 of 2025andC.M.P.No.23557 of 202514.10.202510/10