J. Vijaya Venkatraman v. The Dean, Coimabatore Medical College
2002-08-28
E.PADMANABHAN
body2002
DigiLaw.ai
Judgment :- The petitioner prays for the issue of a writ of mandamus directing the respondent to forthwith issue compulsory Rotatory Resident Internship Training Certificate etc., to enable him to register as registered medical practitioner as well as pursue post graduate course on the basis of community certificate issued in favour of the petitioner on 29.6.1995. 2. The respondent has been served. The respondent appeared through Mr.T.S.Sivashanmugasundaram, learned Additional Government Pleader (Education). 3. With the consent of counsel for either side the writ petition itself was taken up for final hearing. 4. Heard Mr.Kandavadivel Doraisamy, learned counsel appearing for the petitioner and Mr.T.S.Sivashanmugasundaram, learned Additional Government Pleader (Education) appearing for the respondent. 5. According to the petitioner he is a member of the Hindu Konda Reddy, A schedule Tribe. It is the case of the petitioner that in his father's SSLC book the social status has been set out s Schedule Tribe-Konda Reddy. So also the SSLC book relating to his mother which were respectively dated 24.9.1966 and 6.4.1972. In the petitioner's SSLC book also his social status has been set out as Konda Reddy - Scheduled Tribe. The petitioner further states that his uncle (father's brother) V.Loganathan's SSLC book also disclose that he is a member of the Konda Reddy, aScheduled Tribe. 6. The Revenue Divisional Officer, Coimbatore after verifying those earlier certificates issued the certificate in favour of the petitioner certifying that he is a member of Hindu Konda Reddy, a schedule tribe. The petitioner has completed his MBBS course in the respondent college in April 2000. The Tamil Nadu Dr.MGR Medical University issued provisional certificate certifying that he has passed the final year of bachelor of Medicine and Surgery degree examination conducted during April, 2001 and that he is qualified to receive MBBS degree on completion of compulsory Rotatory Resident Internship Training for a period of one year. The petitioner has completed the Compulsory Rotatory resident Internship Training on 10.5.2002. The Tamil Nadu Medical Council also issued a provisional registration certificate. According to the petitioner in spite of his possessing the valid social status certificate issued by the competent authority the respondent reminded the District Collector, Coimbatore to with respect to verification of the genuineness of the social status certificate produced produced by a reminder. Though the petitioner has joined the respondent College during the year 1996 and successfully completed his course in April 2001.
Though the petitioner has joined the respondent College during the year 1996 and successfully completed his course in April 2001. Though the respondent addressed the District Collector for verification during 1996 it is yet to be verified. The social status certificate already produced by the petitioner was issued by the competent authority after verification and after verifying the genuineness of the petitioner's claim. Such a certificate was issued on 29.6.1995 and it has not been cancelled as of today. The petitioner is entitled to receive his CRRI certificate as he has completed the same on 10.5.2002. The respondent issued the course completion certificate to all other students, but declined to issue such certification to the petitioner despite the petitioner approaching the respondent. The respondent has been evasive. The respondent has declined to issue CRRI certificate which would enable the petitioner to register ;himself with the Medical Council. The petitioner made a demand on 7.6.2001 on the respondent to issue the certificate. But the respondent had not sent a reply in writing, but the petitioner was informed orally that no reply would be sent and the CRRI Certificate will not be issued till the verification of all the candidates falling under the reserved category is over. Hence the petitioner has approached this court. 7. The learned special Government Pleader while admitting the details of date of admission, completion and passing of MBBS degree and completion of CRRI merely represents that a reference has been made for verification of social status of the petitioner during 1996 and as and when verification is completed the certificate demanded by the petitioner shall be issued. 8. The only point that arises for consideration is: Whether the petitioner is entitled to issue of a writ of mandamus as prayed for? 9. The respondent also filed a counter. As facts are admitted it is useful to extract material portions of the very counter affidavit:- "The petitioner having got the admission under S.T.Quota, passed his studies and completed MBBS degree in April, 2001, and also undergone the CRRI Internship"....."I state that, it is true that the petitioner has been admitted in the MBBS degree in June, 1996, on the basis of community certificate produced by him which is subject to verification. He has passed the MBBS degree in April, 2001.
He has passed the MBBS degree in April, 2001. Since, the petitioner has passed the MBBS degree, the petitioner has been allowed to undergo Compulsory Rotatory Resident Internship for one year"......"Due to the non-receipt of community verification certificate from the District Collector Coimbatore, the completion certification was not issued"......"I state that certificate of provisional Registration valid from 11.5.2001 to 10.5.2002 was issued by the Tamil Nadu Medical Council, Chennai. Since, he has registered in Tamil nadu Medical Council, based on the completion certificate issued by this office."....."I state that the course completion certificate was not issued to the petitioner due to the non receipt of genuineness of community verification from the District Collector, Coimbatore."....."I state that even though the community certificate was issued in the prescribed format by the competent authority, as per the Government standing instructions the community certificate submitted by the students should be sent for verification to the concerned authorities to ascertain the genuineness of the certificate. Accordingly, the community certificate submitted by the individual was sent fro verification among other candidates vide this office Ref.No.3005/ME2/96, dated 30.10.1996 and subsequently reminders were sent to the concerned authorities and the final report is still awaited." 10. In the light of the very admission contained in the respondent's counter, it is clear that the petitioner has produced a valid social status certificate, completed his course, yet he has not been issued with the CRRI Certificate so that he could register himself with the Medical Council and carry on his profession as a Medical Practitioner. 11. The approach on the part of the respondent that only after verification CRRI certificate will be issued cannot be appreciated at all. So long as the certificate produced by the petitioner is a valid certificate and issued by a competent authority, and The said certificate has not been cancelled it is not proper to withhold the CRRI certificate. The petitioner admittedly passed MBBS degree examination besides he has successfully completed CRRI also. If at the fag end if verification is to be awaited even after passage of five long years, it would mean that the petitioner has to wait indefinitely. Having allowed the petitioner to join and complete MBBS course to appear for the examination and complete CRRI, it is rather too late in the day for the respondent to still await for verification of the social status certificate. 12.
Having allowed the petitioner to join and complete MBBS course to appear for the examination and complete CRRI, it is rather too late in the day for the respondent to still await for verification of the social status certificate. 12. The social status certificate has been validly issued by the Revenue Divisional Officer, Coimbatore who is competent in the format prescribed after verification and it is not being disputed also. The R.D.O issued a notice on 26.6.1997 to the petitioner to appear before him on 9.7.1997 at 11.00 a.m., for verification of the social status certificate. The petitioner has also appeared before the said authority and produced the documents in support of his social status. On 29.6.2000 i.e., after completion of CRRI the respondent has addressed the District Collector reminding to send a report with respect to the verification of the social status of the petitioner while referring to the letter dated 30th October, 1996 and the subsequent 12 reminders in respect of the petitioner and few others. 13. Even thereafter for twelve reminders no positive action was taken by the District Collector, Coimbatore, nor any adverse report has been placed before the competent authority, nor an enquiry had been conducted, nor a show cause notice has been issued with respect to the truth or otherwise of the petitioner's social status or as to the validity of the social status certificate already produced by him. 14. The District Collector and District Level Committee are dragging their feet for the past five years and in the meanwhile the petitioner has completed his studies, got through MBBS degree examination and also completed his CRRI. At this stage it will be highly illegal and improper for the respondent to withhold the issuance of CRRI certificate on the ground that the District Collector has not sent a report either affirming the social status or not accepting the clim of social status certificate. In this respect the learned counsel for the petitioner Mr.Kanda Vadivel Doraisamy rightly refers to earlier judgments of this court as well as a recent pronouncement of the Apex Court in State of Maharashtra V. Milind reported in AIR 2001 SC 393 , where the Apex Court held thus: "37. Respondent No.1 joined the medical course for the year 1985-86. Almost 15 years have passed by now.
Respondent No.1 joined the medical course for the year 1985-86. Almost 15 years have passed by now. We are told he has already completed the course and may be he is practising as doctor. In this view and at this length of time it is for nobody's benefit to annul his admission. Huge amount is spent on each candidate for completion of medical course. No doubt, one Scheduled Tribe candidate was deprived of joining medical course by the admission given to respondent No.1. If any action is taken against respondent No.1, it may lead depriving the service of a doctor to the society on whom public money has already been spent. In these circumstances, this judgment shall not affect the degree obtained by him and his practising as a Doctor. But we make it clear that he cannot clam to belong to the Scheduled Tribe covered by the Scheduled Tribes order. In other words, he cannot take advantage of the Scheduled Tribes Order any further or for any other constitutional purpose. Having regard to the passage of time, in the given circumstances, including interim orders passed by this court in SLP ¸ No.16372/85, and other related affairs, we make it clear that the admissions and appointments that have become final, shall remain unaffected by this judgement." 15. In Umapathy Vs. Director of Medical Education, reported in 1991 Writ Law Reporter, page 898, it has been held thus: "12. However, the learned senior counsel contends that in view of the unreported decision cited (i.e.,) Selvi R.Renuka Vs. The Registrar, Agricultural University, Coimbatore and others, the question of the completion certificate to be issued to the petitioner should have been considered applying the principle equitable estoppel. If we look at the facts of this case, it is very clear that the Secretary, Selection Committee for MBBS Course, Madras Medical College, Madras has referred the case of the petitioner to the Collector of Salem for enquiry with regard to the verification of the community certificate issued to the petitioner by letter dated 6.8.1982. But however the enquiry had not been conducted even after 1988 and before that, the petitioner has completed the MBBS course appearing in all the examinations conducted by the University.
But however the enquiry had not been conducted even after 1988 and before that, the petitioner has completed the MBBS course appearing in all the examinations conducted by the University. Only when a writ petition came to be filed before this court and a direction was issued the respondents woke up and started making enquiry about the genuineness of the community certificate issued to the petitioner. The respondents have taken six years to give a start to an enquiry with regard to the issue of community certificate to the petitioner and during which time, the petitioner had already completed his MBBS course successfully. The facts stated supra will reveal that the petitioner has completed everything and what remains is to get course completion certificate and Medical Registration Certificate." 16. K.S.BAKTHAVATSALAM,J., also in an unreported judgment in R.Renuka Vs. Registrar of Agricultural University, Coimbatore W.P.No.7425 of 1987 directed issuance of course completion certificate applying the principle of equitable estoppel. It is also brought to the notice of the court that on identical facts directions have been issued by this court as against the very same respondent herein to issue CRRI completion certificate which would enable the petitioner to register himself with the Medical council without further delay. 17. In the present case as already pointed out the petitioner has produced valid social status certificate issued by the competent authority after enquiry. The said certificate has been issued on the basis of SSLC book of the petitioner's parents and relatives. The said certificate has not been canceled, but the authorities are dragging their feet for the past five years. Therefore there is no other alternative except to direct the respondent to issue CRRI Certificate to the petitioner within two weeks from the date of communication of this order or production of a copy of this order. 18. As it is brought to the notice of the court that verification is still pending. Hence it would not be proper for this court to permit the petitioner to rely upon and use the very same certificate for claiming further benefits as a member of the Hindu Konda Reddy community, a Schedule Tribe for a period of twelve months. As and when the verification is completed and if the certificate is confirmed the petitioner be permitted to rely upon the same and claim reservation available in respect of Scheduled Tribe candidates. 19.
As and when the verification is completed and if the certificate is confirmed the petitioner be permitted to rely upon the same and claim reservation available in respect of Scheduled Tribe candidates. 19. If after verification the certificate is cancelled, then the petitioner cannot claim any benefit of reservation as a member of the Scheduled Tribe. The verification of Community certificate produced by the petitioner shall be completed within six months from the date of communication of this order by the District Level Committee, Coimbatore and this court further direct the respondent to forthwith communicate this direction to the District Collector, Coimbatore. 20. Writ Petition is allowed directing issue of certificates within two weeks and to the extent indicated above. Writ Petition is allowed in part. There is no order as to costs. Consequently, connected WMP is closed.