Madras High Court
K. Vasanth … vs The Controller Of Examination on 6 September, 2021
W.P.No.17050 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.17050 of 2021
and W.M.P.Nos.18082 of 2021
K. Vasanth …. Petitioner
-Vs-
1. The Controller of Examination
Tamilnadu Dr. MGR Medical University,
No. 69 Anna Salai Guindy,
Chennai-32.
2. The Registrar
Tamilnadu Dr.MGR Medical University
No.69, Anna Salai, Guindy
Chennai 600 032.
3.The Dean
Velammal Medical College and Hospital
Research Institute, Madurai. …. Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the
issuance of a Writ of mandamus or any other appropriate writ, order or directing the
respondents to issue Provisional Pass Certificate-I, Provisional Pass Certificate-II,
Provisional Degree Certificate, Course Completion Certificate, Transfer Certificate,
Posting Completion Certificate, Degree Certificate, Attempt Certificate and Migration
Certificate and all other ancillary certificate to the petitioner to the effect that he has
successfully completed the MBBS Course.
For Petitioner : Mr. V.Vijay Shankar
For Respondents : Mr. Wilson, Standing Counsel for R-1, R-2
Mr. S.A.Gandhi for R-3
1/7
https://www.mhc.tn.gov.in/judis/
W.P.No.17050 of 2021
ORDER
This writ petition has been filed for the issue of a writ of Mandamus directing
the respondents to issue all the certificates pertaining to the completion of M.B.B.S.
course by the petitioner within the time limit prescribed by this Court.
2. The case of the petitioner is that, he was selected for the MBBS Course and
was admitted in the third respondent college during June 2015. The petitioner was
admitted under the Scheduled Tribe quota based on the community certificate that
was issued to him.
3. The petitioner has completed the MBBS Course and he was admitted to the
House Surgency during June 2020 and he has completed the C.R.R.I. Training also
during the end of May 2021. The grievance of the petitioner is that, the respondents
have not issued the certificates in spite of the petitioner completing the MBBS Course
as well as the House Surgency. Aggrieved by the same, the present writ petition has
been filed seeking for appropriate directions.
4. Heard Mr.V.Vijay Shankar, learned counsel for the petitioner, Mr.Wilson,
learned Standing Counsel appearing for respondents 1 and 2 and Mr.S.A.Gandhi,
learned counsel appearing for the third respondent.
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W.P.No.17050 of 2021
5. The only issue that arises for consideration in the present writ petition is as
to whether the respondents will have to be directed to issue the certificates to the
petitioner since the petitioner has already completed the MBBS Course and the House
Surgency, in order to enable the petitioner to register before the Tamil Nadu Medical
Council and also to enable the petitioner to proceed further with higher education.
6. It is an undisputed fact that a community certificate has been issued to the
petitioner by the Revenue Divisional Officer, Mettur to the effect that, the petitioner
belongs to Hindu Konda Reddi community which is a Scheduled Tribe community. This
Certificate remains to be valid till date and it has not been cancelled. The petitioner
had earlier approached this Court and filed W.P.(MD) No.11409 of 2018 to forbear the
respondents from disturbing the petitioner in pursuing with his studies in the third
respondent college and to allow the petitioner to complete the course. While
disposing of this writ petition by an order dated 30.09.2020, this Court took into
consideration the entire facts of the case and the relevant portion in the order is
extracted hereunder.
“19. Considering the facts and circumstances of the case and taking
into consideration the submissions made by either side, the following
order is passed.
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W.P.No.17050 of 2021
(i) Since the writ petitioner has produced the Community
Certificate before the third respondent College, the third
respondent college has to forward the same to the State
Level Scrutinizing Committee for verification.
(ii) It is open to the Secretary to the Government, Health
Department, Chennai to initiate action against the
respondents 1 to 3 for non filing of the counter affidavit.
(iii) The respondents 1 and 3 are directed to pay a sum of
Rs.3,000/- to the Chief Minister's Relief Fund, COVID-19
within a period of two weeks from the date of receipt of a
copy of this order.”
7. It is clear from the above order that, a direction was given to the third
respondent college to forward the community certificate of the petitioner to the State
Level Scrutinizing Committee for verification and it is informed that the community
certificate has also been forwarded to the Committee. The same is pending before
the Committee. In the meantime, the petitioner has completed the House Surgency
and has approached this Court seeking for a direction to the respondents to issue the
certificates, since the petitioner has completed the MBBS Course and also House
Surgency.
8. It is now a well settled law that, a community certificate issued by a
competent authority continues to be a valid document till it is cancelled by the
appropriate authority. The contents that are found in the community certificate will
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W.P.No.17050 of 2021
have to be treated as correct and it has to be acted upon till it is cancelled by the
competent authority. In the present case, the community certificate has been issued
to the petitioner by a competent authority and it has been referred to the State Level
Committee for scrutiny and it is pending. Till the Committee takes a final decision one
way or the other, the certificate issued to the petitioner must be considered to be
valid and hence, the petitioner will be entitled for all the benefits that are derived out
of the community certificate.
9. The learned counsel for the petitioner brought to the notice of this Court a
series of judgments in this regard, wherein this Court, following the judgment of the
Supreme Court, had taken a consistent view that the certificates will have to be
issued to the candidate after completion of the course and that will be subject to the
final decision which will be taken by the competent authority to whom the community
certificate has been sent for scrutiny.
10. In view of the above discussion, there shall be a direction to the
respondents to hand over all the certificates to the petitioner who has already
completed the MBBS course as well as House Surgency, within a period of two weeks
from the date of receipt of a copy of this order. It is made clear that, in the event
the community certificate given to the petitioner, which is now under verification, is
found to be invalid, the consequences will follow and it will be always open to the
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W.P.No.17050 of 2021
respondents to act in accordance with law.
11. With the above directions, this writ petition is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
06.09.2021
Index : Yes/No
Internet : Yes/No
KST
To
1.The Controller of Examination
Tamilnadu Dr. MGR Medical University,
No. 69 Anna Salai Guindy,
Chennai-32 and 2 others
2. The Registrar
Tamilnadu Dr.MGR Medical University
No.69, Anna Salai, Guindy
Chennai 600 032.
3.The Dean
Velammal Medical College and Hospital
Research Institute, Madurai.
https://www.mhc.tn.gov.in/judis/
W.P.No.17050 of 2021
N.ANAND VENKATESH, J.
kst
W.P.No.17050 of 2021
& WMP No.18082 of 2021
06.09.2021
https://www.mhc.tn.gov.in/judis/
