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2009 DIGILAW 2283 (MAD)

G. Vidya v. The Registrar & Another

2009-07-10

M.JAICHANDREN

body2009
Judgment :- Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents. 2. This writ petition has been filed praying for a Writ of Mandamus to direct the second respondent to forward the application, dated 14. 2009, submitted by the petitioner to the first respondent for getting the Final Provisional Certificate; the Compulsory Rotatory Resident Internship Certificate; the Course cum Conduct Certificate and the Medical Registration Certificate and to direct the first respondent to issue the same to the petitioner. 3. The petitioner has stated that she had passed plus two course in the year, 2003 and thereafter, she had applied for the M.B.B.S. Course, under the Scheduled Tribe quota, based on the Community Certificate issued to her stating that she was belonging to `Kattunaickan community, which is classified as a Scheduled Tribe community. The Community Certificate had been issued to the petitioner by the Revenue Divisional Officer, Trichirappalli, on 20.1.2003, after proper verification and enquiry. 4. It has been further stated that the petitioner had appeared for the entrance examination and she had been selected and admitted for the M.B.B.S course, under the quota reserved for the Scheduled Tribe candidates. On such selection, she had been allotted to the second respondent College to pursue the M.B.B.S. course. She had successfully completed the M.B.B.S course in the year, 2008. When the petitioner was in the second year of the M.B.B.S. course, the second respondent had referred the petitioners Community Certificate for verification to the District Collector, Trichirappalli District. However, no enquiry had been conducted by the District Collector, till date. 5. It has been further stated that the petitioners father, who had obtained a Community Certificate stating that he belongs to `Kattunaickan community, is working in the railways. The certificate he had produced while joining the railway service had been verified and it was found to be genuine. Based on the said certificate, the Revenue Divisional Officer had issued the Community Certificate to the petitioner in the year, 2003. 6. It has been further stated that after completing the M.B.B.S. course the petitioner had joined the House Surgency (Compulsory Rotatory Resident Internship) offered by the second respondent. The petitioner had completed the internship, on 23. 2009. Based on the said certificate, the Revenue Divisional Officer had issued the Community Certificate to the petitioner in the year, 2003. 6. It has been further stated that after completing the M.B.B.S. course the petitioner had joined the House Surgency (Compulsory Rotatory Resident Internship) offered by the second respondent. The petitioner had completed the internship, on 23. 2009. In spite of completing the Compulsory Rotatory Resident Internship, the Community Certificate (original), the Plus Two Mark Sheet (Original) and the Transfer Certificate, had been withheld by the second respondent. The petitioner had submitted an application, dated 14. 2009, to the second respondent for getting the Final Provisional Certificate from the first respondent, enclosing the following documents: 1. Mark Sheets 2. Departmentwise obtained completion and attendance Certificates. 3. Attempt Certificate 4. S.S.L.C Mark Sheets 5. Plus Two Mark sheets (Xerox) 6. Plus Two Transfer Certificate 7. Final passing Medicine Provisional Certificate 8. Certificate of Provisional Registration 9. Internship Completion Certificate issued by the Dean 10.No Due certificate from the hostel and the library. However, the second respondent had not forwarded the application to the first respondent for the reason that the verification report of the petitioners Community Certificate had not been received from the District Collector, Trichirappalli. While so, the second respondent had informed the petitioner that only after getting the report from the District Collector, the application of the petitioner would be forwarded to the first respondent for receiving the following certificates: 1. Final Provisional Certificate, 2. CRRI Certificate, 3. Course cum Conduct Certificate, 4. Medical Registration Certificate Since the refusal of the second respondent to forward the application of the petitioner, dated 14. 2009, is arbitrary and illegal, the petitioner has preferred the present writ petition before this Court, under Article 226 of the Constitution of India. 7. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that this Court had passed many orders, in similar circumstances, directing the respondents to issue the certificates and to return the documents to the petitioners by imposing certain conditions. 8. The learned counsel had referred to the order passed by a learned Single Judge of this Court, dated 9. 2008, made in W.P.No.6388 of 2008, the order made in W.P.No.3840 of 2009, dated 4. 8. The learned counsel had referred to the order passed by a learned Single Judge of this Court, dated 9. 2008, made in W.P.No.6388 of 2008, the order made in W.P.No.3840 of 2009, dated 4. 2009, imposing certain conditions for the return of the certificates and the other documents, prayed for by the petitioners. The learned counsel had also relied on a decision of a Division Bench of this Court, dated 13. 2008, made in W.P.No.23086 of 2007, wherein a similar order had been passed. 9. The learned counsels appearing on behalf for the respondents had pointed out that the Supreme Court, in its decision reported in Yogesh Ramchandra Naikwadi V. State of Maharashtra ( 2008(5) SCC 652 ), had permitted the appellant therein to retain the benefit of the engineering degree secured by him, subject to certain terms. It had been stated that he shall not claim or seek any further benefit by claiming that he belonged to a scheduled tribe, based on the community certificate produced by him. Further, it was held that the candidate cannot retain the financial benefits which he had received based on the said certificate. A direction had also been issued to the concerned State Government to take appropriate steps to enquire and assess the amount spent on the appellant, if any, as fee, scholarship or by way of concession in the fee and to demand repayment of the same from the said candidate. The learned counsel had further stated that there may, however, be cases where it will not be appropriate to permit the students to retain the degree obtained by making a false claim. In such circumstances, the candidate may not be entitled to claim the benefit of the degree completed by him. 10. In view of the submissions made by the learned counsels appearing for the petitioner, as well as the respondents, and on a perusal of the records available, and in view of the decisions cited above, this Court is of the view that in the present case the petitioner would be entitled to receive the certificates, as prayed for in the present writ petition. It is seen that even though the second respondent had referred the Community Certificate of the petitioner for verification to the District Collector, Trichirappalli District, no enquiry has been conducted, till date. 11. It is seen that even though the second respondent had referred the Community Certificate of the petitioner for verification to the District Collector, Trichirappalli District, no enquiry has been conducted, till date. 11. The learned counsels appearing on behalf of the respondents have not been in a position to show that the District Collector, Trichirappalli, or any other authority had found that the Community Certificate submitted by the petitioner stating that she belongs to Kattunaickan community, classified as a Scheduled Tribe community, had been obtained by fraud or misrepresentation and that it is invalid in the eye of law. However, in view of the fact that the petitioner had completed the M.B.B.S course, as well as the Compulsory Rotatory Resident Internship, she is entitled to receive the certificates sought for by her from the respondents. Further, it is not the case of the respondents that the Community Certificate produced by the petitioner had already been cancelled. Further, an affidavit of undertaking has been filed on behalf of the petitioner, which is as follows: "I state that I have filed the above writ petition to issue a writ of mandamus directing the 2nd respondent to forward the application submitted by the petitioner, dated 14. 2009, to the 1st respondent for getting 1) Final Provisional Certificate, 2.CRRI Certificate, 3.Course cum Conduct Certificate and 4.Medical Registration Certificate and direct the 1st respondent to issue the same. 3) I am filing this undertaking affidavit that in future I will not claim any benefit under the Scheduled Tribe Category in the event of my community certificate is cancelled and it is also made clear that in the even of the certificate is cancelled, I should surrender my community certificate." 12. In such circumstances, the second respondent is directed to forward the application of the petitioner, dated 14. 2009, to the first respondent, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the said application, the first respondent shall issue the certificates sought for by the petitioner, within a period of two weeks, thereafter. The writ petition is disposed of with the above directions. No costs. Consequently, connected M.P is closed.