Minor S. Kavi, represented by her father and natural guardian S. Subbaiah, Chennai v. Directorate of Medial Education, Government of Tamilnadu, Chennai
1998-10-05
S.S.SUBRAMANI
body1998
DigiLaw.ai
Judgment 1. Petitioner seeks issuance of writ of mandamusdirecting the respondents to consider the petitioners name under the special category of children born of inter-caste marriage for the admission of 1st year M.B.B.S. course for the year 1988-89 and direct the respondents to call the petitioner for counselling and pass such further orders. 2. The petitioner is a minor, represented by her natural guardian father, who has filed the affidavit. Petitioner after completing her Plus Two examination applied for first year M.B.B.S. course for the year 1998-99 under special category for the children born of inter-caste marriage. The cut-off marks for the M.B.B.S. admission is 258.83. Petitioners father belongs to scheduled caste and mother belongs to forward community. According to the petitioner, she got first preference in the selection order of the special category. There are 12 seats reserved for M.B.B.S. course. But when the results were published, in the Hindu, she found that she has not been selected, but at the same time, the candidates with lesser marks were selected. On enquiry, it was found that the petitioners application was rejected on the ground that she has not submitted the certificate of inter-caste marriage as per the specific format. 3. According to the petitioner, the reason for the rejection is not correct and the petitioner has submitted the inter-caste marriage certificate issued by the competent authority as per G.O.Ms.No.477, Social Welfare Department, dated 27.6.1975. When this was made known to the respondent, petitioner made a representation to the second respondent and thereafter, the petitioner was called for counselling on 7.8.1998 in the general category. Petitioner made a request that she must be considered only under the special category but the same was denied. It is further said that the selection committee called for counselling, the candidates under special category of inter-caste marriage even subsequent to 7.8.1998 and even then, the petitioner was not called. It is under these circumstances petitioner has come to this court with a grievance and direct the respondent to admit petitioner in the first M.B.B.S. course. 4. In the counter-affidavit field by the Secretary of the Selection Committee, it is stated that the petitioner did not produce the certificate issued by the Tahsildar of the area, where the petitioner resides, regarding the caste of her parents as per G.O.Ms.No.477, dated 27.6.1975. She also did not produce the said certificate before scrutiny of the applications.
4. In the counter-affidavit field by the Secretary of the Selection Committee, it is stated that the petitioner did not produce the certificate issued by the Tahsildar of the area, where the petitioner resides, regarding the caste of her parents as per G.O.Ms.No.477, dated 27.6.1975. She also did not produce the said certificate before scrutiny of the applications. The application was defective and incomplete and therefore not eligible to be considered under the special category. it prayed for dismissal of the writ petition. 5. The certificate produced by the petitioner dated 3.6.1998 issued by the Tahsildar, Fort, Tondiarpet Taluk read thus, "tamil" 6. The selection committee is justified in rejecting the said application when in the prospectus, it is provided for the format of the certificate to produce along with the application. Many more details are to be provided in the certificate as could be seen from the format. The Tahsildar has to certify that the applicant is the son or daughter of the parents born of inter-caste marriage and the parents belong tot he communities referred to in G.O.Ms.No.477. The application must also be accompanied by the certificate issued by the Tahsildar of the area regarding the caste of the parents. 7. In the certificate produced by the petitioner, her relationship of the persons referred to are not stated. It only says that two persons belong to two different community were married. It does not satisfy the requirement of the format. 8. Admission of children born of inter-caste marriage is in the nature of a concession. When the prospectus provides that the application must be in a particular way, unless and until the candidates fulfils those conditions, it cannot complain in this Court that her case should be considered. The selection committee is also bound by the prospectus and both of them cannot travel beyond what is stated therein. No application could be considered on the basis of sympathy. 9. I do not find any merits in the writ petition and consequently, the same is dismissed. No costs. The W.M.P.19455 of 1998 is also closed.