Judgment :- 1. The petitioner has come forward with this petition seeking the relief of direction to the respondents to permit the petitioner to attend the classes in Mohan Kumaramangalam Medical College and Hospital, Salem, for the Academic Year 2010-11 onwards. 2. The case of the petitioner is that he belongs to Malaikuravan community and his father had applied for community certificate in order to substantiate that the petitioner hails from the said community. The aaid application was made on 8.1.2008. The father of the petitioner also specifically requested the revenue authorities to issue the certificate expeditiously, as the petitioner was keen in pursuing his studies in medicine. The revenue authorities did not hold any enquiry within a reasonable period. The petitioner came to know that the Tahsildar and other officers have opined that the petitioner hails from Malaikuravan community. The petitioner‘s grand father was also examined by the Zonal Deputy Tahsildar and by the Revenue Inspector on 15.12.2009. The Tahsildar also appears to have submitted a report on 1.4.2010 based on his inspection and also recommended for issuing certificate as claimed by the petitioner. 3. As the time for submission of the application form for medical college was also fast approaching, the petitioner sent a letter to RDO to activate the issuance of the community certificate. 4. The petitioner secured 1107 out of 1200 in the Board Examination and applied for medicine. As the last date for filing the application was fixed on 25.5.2010, documents concerning the family of the petitioner and his relatives regarding the community have been furnished. Since the request of the petitioner for issuance of community certificate was rejected, the petitioner filed W.P. No. 12012 of 2010 and this Court by order dated on 17.8.2010, directed the respondents therein to hold an enquiry. Pursuant to the said order, enquiry was conducted by Revenue Divisional Officer and again, the application of the petitioner was rejected. As a result, the petitioner had to file another writ petition in W.P. No. 21540 of 2010 and during its pendency, the petitioner preferred an application for impleading the Secretary, Selection Committee, Directorate of Medical Education, Madras-10. Meanwhile, the petitioner was selected and the authority directed the petitioner to produce community certificate. 5. As a result, the petitioner had to file another writ petition in W.P. No. 21540 of 2010 and during its pendency, the petitioner preferred an application for impleading the Secretary, Selection Committee, Directorate of Medical Education, Madras-10. Meanwhile, the petitioner was selected and the authority directed the petitioner to produce community certificate. 5. This Court passed the order dated 12.7.2010 in W.P. No. 21540 of 2010 filed by the petitioner to the effect that the allotment of the petitioner in Mohan Kumaramangalam Government Medical College and Hospital, Salem, shall not be cancelled, 6. The petitioner produced a copy of the said order to the selection committee and the selection committee called upon the petitioner to appear on 29.9.2010 at 10.00 a.m. along with the certificate. The petitioner at that time, produced the interim order passed by a Division Bench of this Court on 27.9.2010, directing the selection committer to keep one seat vacant. As it was informed by the learned counsel for the respondent that the seats have to be filled up by 30.9.2010, the Division Bench posted the matter for orders on 4.10.2010 and further ordered that the direction given to the respondent to keep one seat vacant shall continue till the disposal of the writ petition. 7. The said writ petition was heard and allowed on 4.10.2010 by the Division Bench of this Court, directing the State Level Scrutiny Committee to consider the case afresh within a period of one month from the date of receipt of a copy of the order. The petitioner has also approached the State Level Scrutiny Committee for suitable orders. 8. The Revenue Divisional Officer, Tirukkovilur had issued the community certificate to the petitioner on 17.2.2011 and the same was produced by the petitioner to the respondent and at that time, the petitioner was informed that one seat was kept vacant. under the above said circumstances, the petitioner has come forward with this petition with the above said prayer. 9. Mr. V. Raghavachari, learned counsel for the petitioner would contend that the petitioner has bean allotted with a seat in Mohan Kumaramangalam Government Medical College and Hospital, Salem, as per the order dated 12.7.2010. under the above said circumstances, the petitioner has come forward with this petition with the above said prayer. 9. Mr. V. Raghavachari, learned counsel for the petitioner would contend that the petitioner has bean allotted with a seat in Mohan Kumaramangalam Government Medical College and Hospital, Salem, as per the order dated 12.7.2010. It is contended that the Selection Committee sought for the production of the community certificate and the same was applied by the father of the petitioner earlier and the Tahsildar and RDO rejected the application and ultimately the State Level Scrutiny Committee directed the authority to issue community certificate in favour of the petitioner. It is pointed out that the petitioner was issued with the community certificate by the RDO, Tirukovilur on 17.2.2011 and thereafter the said community certificate was produced before the concerned authorities. It is pointed out by the learned counsel for the petitioner that pursuant to the order passed by the Division Bench of this Court dated 12.7.2010, the allotment was not cancelled and the same is alive till date. It is further contended that the Division Bench also passed an order on 27.9.2010 directing the respondents to keep one seat vacant in respect of ST category as the petitioner belongs to the said community. 10. The learned counsel for the petitioner would contend that the allotment itself would amount to admission and pursuant to the interim order passed by this Court on 7.4.2011, the petitioner was permitted to attend the classes and as on date, the petitioner is attending the college regularly. It is pointed out by the learned counsel for the petitioner that the allotment of seat was given to the petitioner in Mohan Kumaramangalam Government Medical College and Hospital, Salem, as early as on 2.7.2010, which is well within the stipulated time, as the cut off date expires only on 30.9.2010. The learned counsel for the petitioner would also submit that as on date, there is no legal impediment for the respondent to permit the petitioner to continue his studies by attending the college regularly by receiving the fees. 11. Per contra, the learned Government Advocate would submit that the petitioner has not paid the college fees till date. It is submitted that as on date, pursuant to the orders of the Division Bench of this Court, one seat is kept vacant in respect of ST category. 11. Per contra, the learned Government Advocate would submit that the petitioner has not paid the college fees till date. It is submitted that as on date, pursuant to the orders of the Division Bench of this Court, one seat is kept vacant in respect of ST category. It is contended that as the petitioner has not produced the community certificate within the cut off date i.e., before 30.9.2010, he is not entitled to see further relief. 12. The learned counsel appearing for the 3rd respondent/ Medical Council of India, would submit that as far as the Medical Council is concerned, the admission is closed on or before 30.9.2010 for the said academic year. It is contended that it is incumbent upon the first respondent to send the final list to the medical council after completion of the admission for a particular academic year. It is further contended that in the event of final list not containing the name of the petitioner, would amount to mid-session admission and the same cannot be permitted or approved by the Medical Council. 13. I have given my careful and anxious consideration to the rival contentions put forward by either side and scrutinized the entire materials on record and also perused the earlier orders passed by the Division Bench of this Court on 12.7.2010 in W.P. No. 12012 of 2010 and on 27.9.2010 and 4.10.2010 in W.P. No. 21540 of 2010. 14. The materials available, on record would make it crystal clear that the petitioner has been allotted with a seat in the MBBS course in Mohan Kumaramangalam Government Medical College and Hospital, Salem, as early as on 2.7.2010. The said fact was not disputed in the counter filed by the first respondent. It is seen that the petitioner was directed to produce the community certificate to establish that he belongs to ST community viz,, Malaikuravan community. In respect of the community certificate, it is the version of the petitioner that after applying for such certificate and after inordinate delay, the said certificate was rejected by the Tahsildar and thereafter, the revision was also rejected by the Revenue Divisional Officer. In the meantime, the petitioner filed W.P. No. 12012 of 2010 in which a Division Bench of this Court passed an order on 12.7.2010 to the effect that the allotment of the petitioner shall not be cancelled. In the meantime, the petitioner filed W.P. No. 12012 of 2010 in which a Division Bench of this Court passed an order on 12.7.2010 to the effect that the allotment of the petitioner shall not be cancelled. The same Division Bench has passed another order in W.P. No. 21540 of 2010 on 27.9.2010 directing the respondent to keep one seat vacant, in MBBS Degree Course. 15. It is brought to the notice of this Court by the learned Government Advocate that one seat is kept vacant in respect of ST category, as on date. The only objection of the first respondent is to the effect that the admission should be closed on or before 30.9.2010 and as the petitioner has not produced the community certificate within the said stipulated period, he cannot claim admission in the MBBS degree course in respect of the allotted seat under the ST category. 16. This Court is constrained to state that in view of the allotment given to the petitioner for MBBS Degree Course in Mohan Kumaramangalam Government Medical College and Hospital, Salem, the same would amount to admission. At the risk of repetition, it is to be reiterated that the said allotment was made as early as on 2.7.2010 and as such, it is made clear that the admission was over well within the time stipulated, i.e., before the cut off date, viz., 30.9.2010. It is already pointed out that the Division Bench of this Court ordered that the said allotment shall not be cancelled. As on date, the fact remains that the said allotment is still alive and the allotment is not cancelled by any authority much less the first respondent herein. 17. A meritorious candidate who hails from a S.T. Community cannot be deprived of his opportunity to pursue his course in M.B.B.S., pursuant to the allotment made in his favour, on the basis of hyper-technicality, viz., the petitioner has not produced the community certificate though he has produced the community certificates of his father and grandfather which substantiated his claim that he belongs to S.T. Community. It is to be stated that subsequently the petitioner produced the community certificate issued by the Revenue Divisional Officer, Tirukkovilur, and the same was also accepted by the respondents and therefore, there is no justification for refusing to receive the fees from the petitioner. It is to be stated that subsequently the petitioner produced the community certificate issued by the Revenue Divisional Officer, Tirukkovilur, and the same was also accepted by the respondents and therefore, there is no justification for refusing to receive the fees from the petitioner. Even as on date, the petitioner is attending the college pursuant to the interim order of this Court dated 7.4.2011. He is also residing in the hostel after the payment of necessary fees. As admittedly the seat allotted to the petitioner under the ST category is kept vacant, there is absolutely no legal impediment for the second respondent college to receive the fees from the petitioner and permit him to continue his studios in its college. It is also needless to state that the first respondent shall also complete the process by including the name of the petitioner in the final list and send it to the 3rd respondent viz., the Medical Council of India. 18. Inview of the above said reasons, this Court is constrained to direct the 2nd respondent to receive the fees from the petitioner and consequently, the first respondent, herein is directed to include the name of the petitioner in the final list for the academic year 2010-2011 which was prepared prior to the cut off date, i.e., on 30.9.2010 as the petitioner was given allotment well within the stipulated time, and send it to the third respondent viz., the Medical Council of India. It is made clear that the third respondent, viz., Medical Council of India, shall treat that the petitioner has been admitted before the stipulated cut off date, i.e, 30.9.2010. 19. With the above directions, the writ petition is disposed of. No costs. It is made clear that the above said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.