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2004 DIGILAW 993 (MAD)

G. Velumani v. Director of Medical Education & Another

2004-08-04

M.THANIKACHALAM, N.V.BALASUBRAMANIAN

body2004
Judgment :- M. Thanikachalam, J. The appellant as petitioner, in W.P.No.8243 of 1998 having failed in his attempt, to get a direction from this Court to issue, the completion certificate for having completed M.B.B.S. Degree Course and the Compulsory Rotary Resident Internee (hereinafter called CRRI), has preferred this writ appeal. 2. The facts necessary for the disposal of the appeal: (a) The appellant/petitioner in W.P.No.8243 of 1998 claiming, that he belongs to "Konda Reddy" Schedule Tribe Community, after the completion of H.S.C., appeared for the selection to the M.B.B.S. Course. At that time, he had produced a certificate issued by the Tahsildar, Bhavani describing him, as the person, belonging to "Konda Reddy" Community, a Schedule Tribe. (b) The Selection Committee, considering the status of the appellant, as claimed by him, as Schedule Tribe, as well as evaluating his credentials, assessing his performance at the time of interview, selected him for admission to M.B.B.S. Course, allotting a seat at Coimbatore Medical College, in the year 1980. (c) The appellant, when he was in the final year M.B.B.S. Course, received a communication dated 9.5.1986 from the Directorate of Medical Education, the first respondent herein, to show cause, as to why he should not be expelled from the college, for having produced false community certificate and secured admission in Coimbatore Medical College, Coimbatore. (d) It appears after the show cause notice, the Director of Medical Education passed an order on 26.5.1986, expelling the appellant from the college with immediate effect. The operative portion of the said order reads: "The matter was examined in detail by the Director of Medical Education. Accordingly, Thiru G. Velumani, Final Year MBBS student, Coimbatore Medical College, Coimbatore is expelled from the College with immediate effect." Aggrieved by the said order, the appellant moved this Court by way of writ in W.P.No.5050/1986 challenging the expulsion. In that writ petition, the appellant had filed W.M.P.No.7273/1986, seeking direction to the authorities to permit him, to sit in the final year M.B.B.S. Examination, which commenced on 2.6.1986, as well as for future examination, pending disposal of the said writ petition. (e) The appellant, armed with the interim orders passed by this Court in W.P.No.5050/1986, sat in the examination and completed M.B.B.S. Course, in which he was declared as passed, in June 1987. On that basis, a provisional certificate, by the University of Madras, has been granted in August 1987. (e) The appellant, armed with the interim orders passed by this Court in W.P.No.5050/1986, sat in the examination and completed M.B.B.S. Course, in which he was declared as passed, in June 1987. On that basis, a provisional certificate, by the University of Madras, has been granted in August 1987. The appellant when approached the Tamil Nadu Medical Council for certificate of provisional registration, it was accepted as per the order dated 10.9.1987. As part of the M.B.B.S. Course, the appellant also underwent CRRI from 6.7.1987 for a period of one year and thereafter, he attended other compulsory courses also, which are necessary, to declare as a full-fledged doctor. To the above said effect, certificates also have been issued. In this view, the petitioner claims, that he is entitled to get completion certificate, for having successfully completed the Compulsory Rotary Resident Internee Training. (f) The appellant, after completing the course, when contacted the second respondent, for the issue of the certificate, he was informed that such a certificate could not be given, though it is incumbent on the respondents to give the CRRI certificate, since they have no power to withhold, when the appellant had completed the course satisfactorily, after the training. Because of the refusal to issue the certificate by the respondents, the appellant moved this Court, for appropriate direction under Article 226 of the Constitution of India, in W.P.No.8243/1998, which was opposed by filing detailed counter. (g) The learned Single Judge, considering the facts and circumstances of the case, as well as the orders issued by the competent authorities, as well as taking into account, the effect of the previous writ filed by the appellant, which was withdrawn, came to the conclusion, that the finding recorded already and the final decisions set out therein, remain intact, that the appellant, who challenged the orders found it convenient, to withdraw the petition, in order to avoid the adjudication, which would not improve the position of the petitioner in any manner, that once the earlier petition came to be dismissed, in which expulsion of the petitioner was challenged, he could not continue in the college and it is not even possible to regard as the person eligible for the award of the Degree Certificate of completion of CRRI and that the appellant having allowed that order to remain, despite having initially challenged the order, is now bound by its contents. It is the further conclusion of the learned Single Judge, in view of the previous dismissal of the writ petition as withdrawn, it is not possible to grant any relief in this petition, since the order of expulsion from the college, had reached the finality, which should have its effect. In this view, the writ petition filed by the appellant came to be dismissed on 9.3.1998, which is under challenge in this appeal. 3. Heard the learned counsel for the appellant, Mr. V. Sankara Narayanan and the learned Government Advocate, Mr. R. Rajasekaran, for the respondents. 4. The learned counsel for the appellant submits, that the appellant belongs to "Konda Reddy" Community, which has been recognised as Schedule Tribe, which was certified by the competent authority viz., Tahsildar, Bhavani, that the appellant had completed the M.B.B.S. course including CRRI and therefore, the respondents concerned are bound to issue completion certificate, for having completed M.B.B.S. Degree Course as well as CRRI and that they have no right to withhold the same, thereby preventing the appellant from registering permanently as 'Doctor'. The further submission of the learned counsel is that in any event, since the appellant had completed the MBBS Course as well as CRRI successfully, and also commenced his practice, after obtaining provisional certificate, they should be protected, as held by the Apex Court in State of Maharashtra vs. Milind ( AIR 2001 SC 393 ) 5. Per contra, the learned Government Advocate, opposing the above contentions submits, that the appellant obtained a medical seat, by producing community certificate, from the quota intended for Schedule Tribes, which is found to be false later on and such a person is not entitled to have the benefits, if any, he acquired, by misrepresentation, producing false certificate, and by playing fraud upon the institution. It is the further submission of the learned Government Advocate, that if this kind of person, who obtained the seat, intended for Schedule Tribe by producing false community certificate, is allowed to practice as a 'Doctor', after completing the course, under the protection and strength of interim orders passed by this Court, it would amount to a premium paid for the fraud, committed not only previously, but also subsequently completing the course, with the aid of the interim order, then withdrawing the main petition itself, thereby abusing the process of Court. The further submission of the learned counsel for the Government Advocate is, that in view of the unconditional withdrawal of the earlier writ petition, which challenged the expulsion order, which became final, as rightly observed by the learned Single Judge, in the present writ petition, he cannot get any relief, who failed to get the same in the previous writ petition. For these reasons, he submits, a well reasoned and well founded erudite judgment of the learned single Judge, deserves acceptance. 6. The appellant, a resident of Velankuttiyur, hamlet of Putlur Village, Bhavani Taluk, entered into the School Education claiming that he belongs to "Reddy" Community. Thereafter, it appears the appellant or his father obtained a Community Certificate dated 21.6.1975 from the Tahsildar, Bhavani, as if he belongs to "Konda Reddy" Community, which is recognised as a Schedule Tribe under the Madras Educational Rules. On that basis, the District Educational Officer, Gobichettipalayam permitted the Headmaster of the school concerned, to change the Community name, from 'Reddy' to 'Konda Reddy' in the school records of G. Velumani i.e. the appellant, when he was studying in 10th standard. After completing the school education, as aforementioned, he applied for medical course, under the quota of Schedule Tribe candidate. Considering the appellant's credential and the community, a seat was allotted to him and he joined in the second respondent college during 1980-81 session. The appellant continued his course, without any problem, till he reached the final year MBBS Course. It seems, on verification, it was found that the appellant does not belong to Kondareddy Community. It further revealed that he fabricated a false community certificate, to secure the benefits aimed for Scheduled Tribe candidates, which resulted the issue of show cause notice, then expelling the appellant from college, for having produced false community certificate, and secured admission in the Coimbatore Medical College, Coimbatore. 7. The appellant challenged the expulsion order in W.P.No.5050/1986 and sought the aid of the Court, by way of interim direction to sit in the examination, obtained an interim order and completed the MBBS Course, including CRRI. 8. 7. The appellant challenged the expulsion order in W.P.No.5050/1986 and sought the aid of the Court, by way of interim direction to sit in the examination, obtained an interim order and completed the MBBS Course, including CRRI. 8. For the reasons best known to the petitioner, after deriving the benefit of the interim order, he did not press the writ petition, and in fact withdrew the same, thereby in a way preventing or avoiding the court to adjudicate the matter fully and finally, regarding the expulsion order passed, based upon a false community certificate produced by the appellant. Thereafter, the appellant, who completed the course, including CRRI, requested the authorities concerned, for the completion certificate, which was refused, resulting W.P.8243 of 1988, in which he failed, because of his conduct, as observed by the learned single Judge. 9. In the writ petition, the prayer is to direct the respondents to issue the completion certificate to the petitioner/appellant herein, for having completed the MBBS Degree Course and the Compulsory Rotatory Residentship Internee (CRRI) in the second respondent college. Thus, it is seen, there was no challenge regarding expulsion order dated 26.5.1986, as well as the cancellation of the community certificate, if any. Therefore, it is unnecessary for us to go into detail, whether the petitioner/appellant belongs to 'Kondareddy' Community, whether the certificate issued to the appellant labeling him as 'Kondareddy' was validly cancelled by the competent authority and whether the expulsion order based upon cancellation of the community certificate, is valid or not. The learned Single Judge quoting the expulsion order extensively, as well as considering the previous writ filed by the appellant, came to an unerring conclusion, in our considered opinion, that the petitioner is not entitled to the reliefs claimed and we are unable to find any reason, to interfere with the said finding, which is based on admitted facts, that too on the basis of the previous orders passed by this Court. 10. Indisputably, the appellant had completed his final year examination, as well as CRRI, only on the basis of the interim order obtained by him in the previous writ. No authority is needed, in our considered opinion, to say that the interim order is always subject to the final result in the main case. Admittedly, this petitioner had challenged the expulsion order in W.P.No.5050/1986 and also obtained some interim protection. No authority is needed, in our considered opinion, to say that the interim order is always subject to the final result in the main case. Admittedly, this petitioner had challenged the expulsion order in W.P.No.5050/1986 and also obtained some interim protection. Therefore, if any orders passed, as an interim measure in that W.P., it must be subject to the result of the final disposal of the writ petition. After enjoying the benefit of the interim order, if the appellant/writ petitioner had failed to prosecute the W.P. to its logical conclusion, then he has to suffer for the same. 11. The learned single Judge, considering the conduct of the appellant, has stated, "No petitioner can abuse the process of the Court, by filing a petition, securing interim orders and thereafter withdrawing the petition thereby avoiding adjudication of the merits of his case and the possibility of an adverse finding with regard to the case pleaded in the original petition". The learned single Judge also, in our considered opinion, correctly felt that it is not necessary to consider, whether the expulsion order dated 26.5.1986 is correct or not. The petitioner having challenged the expulsion order in W.P.No.5050/1986, failed to prosecute the same and allowed the expulsion order to remain intact. Therefore, the completion of the Course, whether MBBS Final degree examination or CRRI, on the basis of interim order made by the Court, which was passed, in aid of the final order, would not change the position. In view of the fact that the petitioner has been expelled from the college on 26.5.1986 and the said order being not set aside, the petitioner attending the examination and completing the CRRI thereafter, will not have any valid effect, the fact being the petitioner is not eligible for admission in the medical college and he could not continue the course also, thereby leading to the conclusion, that the petitioner could not be regarded as a person legally entitled to continue and complete the course. Considering the previous order, the learned Single Judge has come to a conclusion, that the petitioner is not entitled to the direction sought for and the said order, by all means, deserves our acceptance also. 12. Considering the previous order, the learned Single Judge has come to a conclusion, that the petitioner is not entitled to the direction sought for and the said order, by all means, deserves our acceptance also. 12. In State of Maharashtra v. Milind's case, the apex Court took a lenient view, that a person who obtained a doctor's degree, at the cost of the Government expenses should not be disturbed and his service should be made available, that too considering the period of litigation. The said observation will not come to the aid of the appellant, considering his conduct, as well as the previous litigation. In the case involved in the above decision, the party, who obtained the interim order, prosecuted the case and succeeded, though failed in the appeal. Taking a sympathetic and lenient view alone, the Apex Court has observed, that the admission and appointment, which have become final, shall remain unaffected, by the Judgment. Here, in the case on hand, the appellant moved the High Court, for appropriate relief, when he was expelled from the college and obtained some interim protection and directions. On that basis alone, he sat in the examination and completed the course. The appellant instead of prosecuting W.P. 5050/86, withdrew the same, having enjoyed the benefits of the interim order, thereby preventing the Court to adjudicate the matter finally and give a finding, whether that interim order is justifiable. A person who had enjoyed the benefits of the interim order and later on, who avoided the adjudication, as rightly observed by the single judge, in our view, is not entitled to any leniency and therefore, we would decline to give any direction to the authorities concerned, to issue completion certificates, as did by the learned single Judge. For the foregoing reasons, the appeal is devoid of merit and we would choose to dismiss the same, with costs. 13. It appears, the cancellation of the community certificate issued to the appellant, is under the consideration of District Level Committee or State Level Committee, as the case may be. The appellant, by obtaining an interim order in this W.P., got himself registered provisionally and it is also said, that he is a practising doctor. Considering these facts, we would direct the authorities concerned, not to disturb his provisional certificate, issued for registration, till the community of the appellant is adjudicated before the proper forum. The appellant, by obtaining an interim order in this W.P., got himself registered provisionally and it is also said, that he is a practising doctor. Considering these facts, we would direct the authorities concerned, not to disturb his provisional certificate, issued for registration, till the community of the appellant is adjudicated before the proper forum. In case, if it is held that the petitioner belongs to 'Kondareddy' community, a schedule tribe, a completion certificate shall be issued, thereby enabling him to continue the practice. If it is held that the petitioner does not belong to 'Kondareddy' Community, the protection granted, as aforementioned, shall cease to exist. It is also made clear by this interim protection that the appellant is not entitled to any appointment or any other assignment under the quota of schedule tribe community. The appeal is dismissed with costs.