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2003 DIGILAW 551 (MAD)

R. Ananthakumar v. The District Collector & Others

2003-03-28

P.SATHASIVAM

body2003
Judgment :- By consent of both parties main writ petition itself is taken up for disposal. The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the second respondent, The Dean, Chengalpattu Medical College to issue compulsory rotatary resident internship and course completion certificates forthwith. 2. The case of the petitioner is briefly stated hereunder: According to him, he belongs to Kurumans community which is one of the communities listed as a Scheduled Tribe under the Constitution (Scheduled Tribes) Order, 1950. He was selected and admitted to the first year MBBS course in the second respondent college during July, 1996 under the quota reserved for Scheduled Tribes. At the time of his admission to the second respondent college, he produced a community certificate issued by the Revenue Divisional Officer, Dharmapuri dated 5-6-95 in the prescribed format. After admission, the 2nd respondent referred his community certificate for verification to the first respondent. In 1999 an elaborate enquiry was conducted by the Sub Collector, Dharmapuri, before whom he has produced various documentary evidence in proof of his claim that he belongs to Scheduled Tribe community of Kurumans. The Sub Collector forwarded his report to the first respondent. However, the first respondent has not chosen to forward the said report to the 2nd respondent college till date. In the meanwhile, he completed his course during April, 2001. The Tamil Nadu Dr. M.G.R. University has issued a provisional certificate dated 6-6-2001 to the effect that he has completed the M.B.B.S., Degree and further indicated that he will be qualified to receive the MBBS Degree certificate if satisfactory completion of the prescribed period of compulsory rotatary resident internship (CRRI). He had completed the period of one year CRRI during May, 2002. Even after the completion of the said course, the 2nd respondent has not issued him the CRRI and course completion certificate till date resulting in he could not get his MBBS Degree certificate from the University. When he approached the Office of the second respondent, he was informed by a communication dated 29-5-2002 to the effect that the genuineness of his community certificate was not received from the first respondent's office till date. In the absence of any doubt having been raised with regard to the genuineness of his community certificate, it is not known as to why such a reference is made to the first respondent. In the absence of any doubt having been raised with regard to the genuineness of his community certificate, it is not known as to why such a reference is made to the first respondent. Even though he has completed his MBBS course during April, 2001 and also the CRRI during May, 2002, he is yet to receive his CRRI and course completion certificate resulting in he could not get his MBBS Degree certificate from the University. In such a circumstance, having no other remedy filed the above writ petition for appropriate direction. 3. Learned Additional Government Pleader on instruction reports that the community certificate report of the petitioner furnishing all the details comprising copy of community certificate issued to him by the Revenue Divisional Officer, Dharmapuri were sent to the District Collector, Dharmapuri by the 2nd respondent even on 29-6-98 and in spite of subsequent reminders, they have not received reply from the Collector. Since no genuine community verification certificate is received by the 2nd respondent from the District Collector, Dharmapuri, the certificates are withheld as per the existing Government rules. 4. Heard Mr. N. Kannadasan, learned counsel for the petitioner and Mr. S. Venkatesh, learned Additional Government Pleader,for respondents. 5. The point for consideration in this writ petition is whether direction is to be issued to the second respondent for issuance of compulsory rotatary resident internship and course completion certificate in the light of the fact that the petitioner had completed the course successfully and also CRRI within the prescribed time. 6. It is seen from the materials placed that the petitioner was selected and admitted to the First Year M.B.B.S., course in the second respondent college during July, 1996 under the quota reserved for Scheduled Tribes. It is also seen that at the time of admission to the second respondent college, the petitioner produced a community certificate issued by the Revenue Divisional Officer, Dharmapuri dated 5-6-95 in the prescribed format. According to the learned counsel for the petitioner, the said certificate was issued in a permanent card which was introduced recently. It is also brought to my notice that after elaborate enquiry, the community certificate was issued to the petitioner by the competent authority namely, Revenue Divisional Officer. According to the learned counsel for the petitioner, the said certificate was issued in a permanent card which was introduced recently. It is also brought to my notice that after elaborate enquiry, the community certificate was issued to the petitioner by the competent authority namely, Revenue Divisional Officer. It is further brought to my notice that in 1999, at the instance of the second respondent, an enquiry was conducted by the Sub Collector, Dharmapuri, before whom, according to the petitioner, he has produced various documents in support of his claim to show that he belongs to Scheduled Tribe community of Kurumans. According to the petitioner, the said report had not been sent to the second respondent till date. In the meanwhile, he completed his M.B.B.S., course during April, 2001. The Tamil Nadu Dr. M.G.R. University has also issued Provisional Certificate dated 6-6-2001 to the effect that he completed M.B.B.S., course and also indicated that he will be qualified to receive the M.B.B.S., Degree certificate if satisfactory completion of the prescribed period of compulsory rotatary resident internship. It is also the case of the petitioner that he had completed the period of one year CRRI during May, 2002. It is the grievance of the petitioner that even after completion of the said course, the second respondent has not issued CRRI and course completion certificate resulting in the petitioner's could not get M.B.B.S., degree certificate from the University. Mr. N. Kannadasan, learned counsel for the petitioner, would contend that the action of the second respondent in refusing to issue CRRI and course completion certificate is illegal and unsustainable in law, merely because the second respondent has not received a report from the first respondent even after 5 years. In support of his claim, he relied on a decision of this Court in A. Chitra v. The Dean, Madurai Medical College, Madurai, reported in 1993 Writ L.R. 485, almost in similar circumstance, K.S. Bakthavatsalam, J., has concluded thus: (para 8) "8......When the petitioner has finished the course as early as 1990, still the enquiry is going on with regard to the genuineness of the community certificate of the petitioner which the petitioner has produced as early as 1985. I do not understand why the petitioner should suffer for the lethargic attitude of the authorities. I do not understand why the petitioner should suffer for the lethargic attitude of the authorities. Had the authorities conducted the enquiry at the earliest point of time and had given the findings one way or other, the petitioner could have challenged it in the proper way. That has not been done here. A poor student daughter of a driver is made to sit idle after completing the M.B.B.S., course and after completing all training etc. In my view, this sort of delayed enquiries on genuineness of the community certificate should not be encouraged at all. In similar circumstances, in Umapathy, N. v. The Director of Medical Education through this court dismissed the said writ petition, though the student in that case gave a false certificate, yet considering the peculiar facts of that case, a direction was issued to the Dean, the second respondent therein, to consider the issue of the completion certificate in favour of the petitioner therein on human angle and pass orders within the stipulated time. That was a case similar to the facts of the case on hand except the fact that the enquiry is pending in the case on hand whereas the enquiry was over and community certificate issued was cancelled in that case." After holding that "the pendency of the enquiry cannot stand in the way of petitioner getting the completion certificate" the learned Judge directed the first respondent therein to issue the completion certificate of the M.B.B.S., course and pass orders on her application within two weeks thereafter. 7. In Vijaya Venkatraman, J. v. Dean Coimbatore Medical College ( 2002 (4) CTC 734 ), again in similar circumstance, E. Padmanabhan, J., directed the Dean of Coimbatore Medical College to issue CRRI certificate to the petitioner therein within two weeks with an observation that if after verification the certificate is cancelled, then the petitioner cannot claim any benefit of reservation as a member of Scheduled Tribe. 8. Mr.N. Kannadasan, learned counsel for the petitioner, has also relied on a decision of the Supreme Court in State of Maharashtra v. Milind [(2001) 1 Supreme Court Cases 4]. 8. Mr.N. Kannadasan, learned counsel for the petitioner, has also relied on a decision of the Supreme Court in State of Maharashtra v. Milind [(2001) 1 Supreme Court Cases 4]. As observed in the said decision, having spent huge amount for completion of medical course, selected and admitted in the First year M.B.B.S., course in 1996 under the quota reserved for Scheduled Tribe based on community certificate, issued by the competent authority namely Revenue Divisional Officer, Dharmapuri dated 5-6-95, I am of the view that because of the letter or communication on the part of the Revenue authorities, the petitioner who had completed his course cannot be prevented from pursuing his profession. 9. All the above decisions clearly support the claim of the petitioner. The approach on the part of the 2nd 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 withheld the CRRI certificate. I have already referred to the fact that even in the month of admission i.e., July, 1996 the petitioner had produced community certificate issued by the competent authority namely Revenue Divisional Officer, Dharmapuri dated 5-6-95 in the prescribed format. Further, the petitioner passed the M.B.B.S., degree examination besides he has successfully completed CRRI also. Even after the passage of 5 long years, the matter is still pending for verification. As rightly contended by the learned counsel for the petitioner, it would mean that the petitioner has to wait indefinitely. In a matter like this, the officials should act quickly, and verify the certificate then and there or at least even within a reasonable time. I am satisfied that the same has not been done in this case. The petitioner should not suffer for the lethargic attitude of the authorities. I hold that the pendency of the enquiry even if any cannot stand in the way of the petitioner getting the completion certificate. Even assuming that the community certificate of the petitioner is not a valid one, it is not a ground to withhold the certificate, since the petitioner has already completed the course as well as CRRI. I hold that the pendency of the enquiry even if any cannot stand in the way of the petitioner getting the completion certificate. Even assuming that the community certificate of the petitioner is not a valid one, it is not a ground to withhold the certificate, since the petitioner has already completed the course as well as CRRI. As held in (2001) 1 S.C.C. page 4 (cited supra), if ultimately the community certificate is accepted or cancelled, the person would not be entitled to receive any benefit under the Constitution of India on the basis of such certificate and that was not a ground to affect the degree obtained by such a candidate. Similar view has been expressed by P.K. Misra, J. in Writ Petition No. 13730 of 1999 dated 23-7-2002 and issued appropriate direction for issuance of Degree certificate and course completion certificate to the petitioner therein. 10. In the light of what is stated above, the second respondent-Dean, Chengalpattu Medical College is directed to issue the Compulsory Rotatary Resident Internship and course completion certificates to the petitioner within a period of two weeks from the date of receipt of a copy of this order. It is made clear that though the petitioner would be entitled to practice as a Doctor, if subsequently the community certificate is found to be invalid or cancelled, he will not be entitled to seek any benefits on the basis of reservation. Writ Petition is allowed. No costs. Consequently, W.P.M.P.No. 2272 of 2003 is closed.