Madras High Court
K.Srimathi vs The Controller Of Examination on 19 September, 2023
W.P.No.22741 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.09.2023
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU
AND
THE HONOURABLE Mrs.JUSTICE N.MALA
W.P.No.22741 of 2023
and
W.M.P.No.22189 of 2023
K.Srimathi
D/o M.Krishnan ... Petitioner
vs
1. The Controller of Examination,
Tamilnadu Dr.MGR Medical University,
No.69, Anna Salai, Guindy,
Chennai - 600 032.
2. The Registrar,
Tamilnadu Dr.MGR Medical University,
No.69, Anna Salai, Guindy,
Chennai - 600 032.
3. The Dean,
Government Medical College & ESIC Hospital,
Coimbatore - 15.09.2023
4. The Revenue Divisional Officer,
Dharmapuri,
Dharmapuri District. ..Respondents
1/10
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W.P.No.22741 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus to direct the respondents 1 to 3 to issue
Provisional Pass Certificate-II, Provisional degree Certificate, Course
Completion Certificate, Transfer Certificate, Posting Completion
Certificate, Degree Certificate, 10th and 12th Mark Sheet and Community
Certificate to the petitioner to the effect that she has successfully completed
the MBBS Course without waiting for the report from the state Level
Scrutiny Committee as per the dictum laid down by the Hon'ble Supreme
Court in the matter of Dayaram case reported in 2011 (6) CTS 192 and
J.Chitra Vs District Collector, chairman reported in 2021(9) SCC 811 that
the Kurumans (ST) Community certificate was issued by the 4th respondent
after due and proper enquiry to the petitioner which is not required further
verification by the State Level Scrutiny Committee.
For Petitioner : Mr.S.Doraiswamy
For Respondents : Mr.R.Imayavaramban
for M/s.Ramalingam Associates
for R1 & R2
Mr.E.Vijayanand,
Additional Government Pleader
for R3 & R4
2/10
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W.P.No.22741 of 2023
ORDER
(The Order of the Court was made by J.Nisha Banu,J.)
This Writ Petition has been filed to issue a Writ of Mandamus to
direct the respondents 1 to 3 to issue Provisional Pass Certificate-II,
Provisional Degree Certificate, Course Completion Certificate, Transfer
Certificate, Posting Completion Certificate, Degree Certificate, 10th and
12th Mark Sheet and Community Certificate to the petitioner to the effect
that she has successfully completed the MBBS Course without waiting for
the report from the State Level Scrutiny Committee as per the dictum laid
down by the Hon'ble Supreme Court in the matter of Dayaram case reported
in 2011 (6) CTS 192 and J.Chitra Vs District Collector & Chairman
reported in 2021(9) SCC 811 that the Kurumans (ST) Community certificate
issued by the 4th respondent after due and proper enquiry to the petitioner
would not require further verification by the State Level Scrutiny
Committee.
2. The case of the petitioner is that she belongs to 'Kurumans
Community' which is classified as Scheduled Tribe community. Her father
preferred an application to the RDO, Dharmapuri on 02.04.2015 requesting
to issue community certificate to the petitioner and her sister
K.Shanmugapriya that they belong to Kurumans(ST) community. Since no
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W.P.No.22741 of 2023
order was passed, her father filed W.P.No.22505 of 2015 and this Court
passed an order on 22.07.20215 directing the RDO, Dharmapuri to conduct
enquiry and pass orders within four weeks. However, the RDO rejected
their claim on 10.07.2015. Therefore, the petitioner's father filed contempt
petition in Cont.P.No.1424 & 1873 of 2016. Pending Contempt Petition,
RDO, Dharmapuri, withdrew the rejection order dated 10.07.2015 and
agreed to conduct enquiry and pass fresh orders on merits. Therefore,
recording the statement of the RDO, the contempt petition was closed and
the said RDO was directed to conduct an enquiry in accordance with law
and pass orders on or before 16.07.2017. After detailed enquiry, spot
verification and verification of documents, the said RDO issued the
community certificate on 23.09.2017 that the petitioner belongs to
Kurumans (ST) Community. Based on the said certificate the petitioner
applied for MBBS course in 2017-2018 and she was also allotted a seat
under ST category and she completed the M.B.B.S. course on 03.06.2023.
However, the 3rd respondent retained her original certificates stated supra
and refused to furnish the same on the ground that her certificate was sent to
State Level Scrutiny Committee for verification and report is not received.
According to the petitioner, community certificate was issued to her only
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W.P.No.22741 of 2023
after proper enquiry and verification. Since the certificates were not issued
she could not register her name before the 1st respondent thereby her
seniority will be affected. Further, she could not pursue her further studies.
Hence, the present writ petition is filed with the aforesaid relief.
3. Heard the learned counsel for the petitioner, the learned counsel
appearing for the 1st and 2nd respondents and the learned Additional
Government Pleader appearing for the 3rd and 4th respondents.
4. Indisputably, the petitioner was admitted to M.B.B.S. Course under
ST category and she completed the M.B.B.S. course on 03.06.2023.
However, the 3rd respondent retained her original certificates including
course completion certificate and decree certificate, CRRI completion
certificate, Provisional Certificate(PPC-2), State Medical Council
Registration Certificate, 10th and 12th Mark Sheet and Community
Certificate and refused to furnish the same on the ground that her certificate
was sent to State Level Scrutiny Committee for verification and report is not
received. Earlier, when a writ petition in W.P.No.22505 of 2015 was filed,
this Court passed an order on 22.07.20215 directing the RDO, Dharmapuri
to conduct enquiry and pass orders within four weeks. However, the RDO
rejected their claim on 10.07.2015. Therefore, Contempt Petition in
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W.P.No.22741 of 2023
Cont.P.No.1424 of 2016 was filed. Pending Contempt Petition, RDO,
Dharmapuri, withdrew the rejection order dated 10.07.2015 and agreed to
conduct enquiry and pass fresh orders on merits. Therefore, recording the
statement of the RDO, the contempt petition was closed and the said RDO
was directed to conduct an enquiry in accordance with law and pass orders
on or before 16.07.2017. After detailed enquiry, spot verification and
verification of documents, the said RDO issued the community certificate
on 23.09.2017 that the petitioner belongs to Kurumans (ST) Community.
Therefore, only on due verification, the community certificate was issued to
the petitioner.
5. In identical matters, the High Court and the Hon'ble Apex Court
had passed orders stating that if caste certificates are issued after due and
proper inquiry, such caste certificates will not call for verification by the
scrutiny committee. It would be apt and appropriate to refer to the decision
of the Hon'ble Supreme Court in J.Chitra vs. District Collector and
Chairman, State Level Vigilance Committee, Tamilnadu and others reported
in 2021(9) SCC 811 wherein the Hon'ble Supreme Court in paragraph No.8,
has held as follows:
"8. In Dayaram (supra), this Court was of the view that
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W.P.No.22741 of 2023
the Scrutiny Committee is an administrative body which
verifies the facts and investigates into claims of caste status.
The orders of the Scrutiny committee are open to challenge in
proceedings under Article 226 of the constitution of India. It
was further held by this Court that permitting civil suits with
provisions for appeals and further appeals would defeat the
very scheme and will encourage the very evils which this Court
wanted to eradicate. It was observed that the entire scheme in
Kumari Madhuri Patil (supra) will only continue till the
legislature concerned makes an appropriate legislation in
regard to verification of claims for caste status as SC/ST. It
was made clear that verification of caste certificates issued
without prior inquiry would be verified by the Scrutiny
Committees. Such of those caste certificates which were issued
after due and proper inquiry need not to be verified by the
scrutiny Committees."
A careful reading of the above judgment would go to show that the caste
certificates which were issued after due and proper inquiry need not to be
verified by the Scrutiny Committees.
6. In the given facts and circumstances of the case, the community
certificate was issued to the petitioner by the RDO, Dharmapuri after due
verification on 23.08.2017 and on that basis she was admitted to the
M.B.B.S. course in 2017-2018 in the 3rd respondent College under ST
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W.P.No.22741 of 2023
category and completed the said course on 03.06.2023. Therefore, the
petitioner cannot be deprived of getting her professional degree by
retaining the original certificates including course completion certificate and
degree certificate, CRRI completion certificate, provisional certificate etc.
by the respondents, curtailing the benefits of such course. Therefore, the
respondents 1 to 3 are directed to issue the Provisional Pass Certificate-II,
Provisional degree Certificate, Course Completion Certificate, Transfer
Certificate, Posting Completion Certificate, Degree Certificate, 10th and
12th Mark Sheet and Community Certificate to the petitioner within a
period of two weeks from the date of receipt of a copy of this order.
Accordingly, the Writ Petition is disposed of. No costs. Consequently,
connected miscellaneous petition is closed.
(J.N.B.,J.) (N.M.,J.)
19.09.2023
Index:Yes/No
Speaking/Non-speaking order
vsi
Note: Issue order copy on 20.09.2023
To
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W.P.No.22741 of 2023
1. The Controller of Examination,
Tamilnadu Dr.MGR Medical University,
No.69, Anna Salai, Guindy,
Chennai - 600 032.
2. The Registrar,
Tamilnadu Dr.MGR Medical University,
No.69, Anna Salai, Guindy,
Chennai - 600 032.
3. The Dean,
Government Medical College & ESIC Hospital,
Coimbatore - 15.09.2023
4. The Revenue Divisional Officer,
Dharmapuri,
Dharmapuri District.
J.NISHA BANU,J.
https://www.mhc.tn.gov.in/judis
W.P.No.22741 of 2023
and
N.MALA,J.
vsi
W.P.No.22741 of 2023
19.09.2023
https://www.mhc.tn.gov.in/judis
