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2009 DIGILAW 4980 (MAD)

Minor K. Vinoth Kumar v. The Secretary Selection Committee Directorate of Medical Education Kilpauk & Others

2009-11-18

N.PAUL VASANTHAKUMAR, R.BANUMATHI, VASANTHAKUMAR

body2009
Judgment :- R. Banumathi, J. This writ appeal is preferred against order of Single Judge against the interim order passed in M.P.No.2 of 2009 in W.P.No.15038 of 2009 dismissing the petition. Writ petition has been filed by the writ petitioner directing the first respondent selection committee to admit the petitioner in the first year M.B.B.S Course in Mohan Kumara Mangalam Medical College, Salem as per the allotment dated 17. 2009 till the production of the community certificate. 2. Since subject matter in both writ appeal and writ petition are one and the same, both writ appeal and writ petition were taken up together and shall stand disposed of by this common judgment. 3. Minor petitioner/appellant K.Vinoth Kumar applied for M.B.B.S/B.D.S course for the year 2009-2010 under Scheduled Tribe category. The petitioner claims to be belonging to "Kurichchan Community" which is a Scheduled Tribe. Minor petitioner/appellants father has obtained a community certificate from the Tahsildar, Dharmapuri on 24.05.1982 stating that he belongs to Kurichchan Community. When the minor petitioner/appellants father applied for issuance of community certificate as "Kurichchan Tribal" in the proceedings Na.Ka.1245/2008(P3) dated 08.06.2009, Revenue Divisional Officer(RDO), Hosur held that community certificate as Kurichchan Tribal as sought for by the petitioner/appellants father cannot be issued to the petitioner and his daughter and son. The Revenue Divisional Officer has also found that the appellant belonging Kunjiliga which is a backward community and that the petitioner does not belong to Kurichchan Tribal Community. 4. By the orders of the Court, the minor petitioner/appellant took part in Counselling for the admission to M.B.B.S course held on 12.07.2009. It is stated that the above proceedings of RDO is challenged by preferring an appeal before State Level Vigilance Committee and same is said to be pending. As of today petitioner is said to be belonging to Kunjiliga which is a backward community and the learned single judge rightly declined the prayer for admitting the petitioner in M.B.B.S Course. 5. In the result, writ appeal is dismissed and the writ petition is disposed of. When the appeal is pending before State Level Vigilance Committee, we do not propose to go into the merits of the matter. 5. In the result, writ appeal is dismissed and the writ petition is disposed of. When the appeal is pending before State Level Vigilance Committee, we do not propose to go into the merits of the matter. We direct the State Level Scrutiny Committee, third respondent to pass orders in the appeal in accordance with law preferred by the minor petitioner/appellant preferably within a period of two months from the date of receipt of copy of this order.