M. Saddam v. Registrar, Tamil Nadu Dr. MGR Medical University, Chennai 32
2013-12-20
N.PAUL VASANTHAKUMAR, V.M.VELUMANI
body2013
DigiLaw.ai
ORDER MR. N. PAUL VASANTHA KUMAR, J. 1. Mr. Sanjai Ramaswamy, learned counsel takes notice for the first respondent and Mr. N. Srinivasan, learned Additional Government Pleader takes notice for the second and third respondents. By consent, the Writ Petition itself is taken up for final disposal. 2. This Writ Petition is filed for issuance of a writ of mandamus directing the second respondent to issue (1) Final Provisional Certificate for MBBS Course (2) CRRI Certificate (3) Course cum conduct Certificate (4) Transfer Certificate (5) Certificate of Provisional Registration (6) Community Certificate and other connected certificates to the petitioner (Reg. No. 52072539 Inst. Code. 0006), pending verification of the community certificate of the petitioner. 3. The case of the petitioner is that he was issued with Community Certificate by the Revenue Divisional Officer, Chengelpet on 22.6.1999 stating that the petitioner belongs to “Hindu-Kurumans – Scheduled Tribe Community”. Based on the said Certificate, he was selected and admitted under the quota reserved for Scheduled Tribe candidates and allotted MBBS seat in the second respondent College for the academic year 2007-2008. The petitioner completed MBBS course in February 2012 and during the course of his study, the second respondent referred the petitioner’s Community Certificate to the third respondent. The third respondent conducted enquiry on 23.9.2013 and no final order is passed by the third respondent, who is the competent authority to go into the genuineness of the Scheduled Tribe Community Certificates. Hence, the petitioner has approached this Court with the above said prayer. 4. In the affidavit filed in support of the Writ Petition, the petitioner has given an undertaking that he will not claim reservation based on the Community Certificate that he belongs to Kurumans (Scheduled Tribe) Community in future, which is under verification, till it is verified and found genuine either for Government employment or for higher studies. Learned counsel for the petitioner submitted that this undertaking may be recorded and the Certificates above mentioned may be ordered to be returned to the petitioner. 5. Learned counsel for the petitioner has relied on the judgments of this Court made in W.P. (MD) No. 628 of 2009 dated 4.11.2009 G. Kalaiyarasan v. The Registrar, Tamil Nadu Dr.
Learned counsel for the petitioner submitted that this undertaking may be recorded and the Certificates above mentioned may be ordered to be returned to the petitioner. 5. Learned counsel for the petitioner has relied on the judgments of this Court made in W.P. (MD) No. 628 of 2009 dated 4.11.2009 G. Kalaiyarasan v. The Registrar, Tamil Nadu Dr. M.G.R. Medical University, Chennai 32 and Othersand the judgment of one of us (N. Paul Vasantha Kumar, J) in Writ Petition No. 27935 of 2011 dated 10.12.2011, wherein similar direction was issued following the judgment of the Supreme Court in Additional General Manager/Human Resource Bharat Heavy Electricals Ltd. v. Suresh Ramakrishna Burde JT 6 (2007) 630 : AIR 2007 SC 2048 : (2007) 5 SCC 336 and the Division Bench of this Court made in Writ Appeal No.1652 of 2009 dated 18.11.2009, and therefore prayed that a similar order may be passed in this Writ Petition. 6. Learned counsels appearing for the respondents perused the said judgments and also the undertaking given by the petitioner in the affidavit filed along with the Writ Petition. 7. Considering the submissions made by the learned counsel on both sides and the undertaking given by the petitioner, this Writ Petition is disposed of with a direction to the second respondent to issue the Certificates of the petitioner, namely (1) Final Provisional Certificate for MBBS Course (2) CRRI Certificate (3) Course cum conduct Certificate (4) Transfer Certificate (5) Certificate of Provisional Registration and other connected certificates, except the Community Certificate, which is now pending before the third respondent for verification, to the petitioner within a period of four weeks from the date of receipt of a copy of this order. It is made clear that the undertaking given by the petitioner in the affidavit as extracted above, would be strictly adhered to. No costs. Petition disposed of.