Madras High Court
Srinija.K vs Union Of India on 19 October, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.No.3091 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE P.B.BALAJI
W.A.No.3091 of 2024
and
C.M.P.No.23424 of 2024
Srinija.K. ...Appellant
Vs.
1.Union of India
Rep. by its Secretary to Government
(Revenue),
Government of Puducherry,
Chief Secretariat, Puducherry.
2.The Secretary to Government,
(Health),
Government of Puducherry,
Chief Secretariat, Puducherry.
3.The Convenor,
Centralised Admission Committee,
Directorate of Higher and Technical Education,
Government of Puducherry,
Puducherry. ...Respondents
1/10
https://www.mhc.tn.gov.in/judis
W.A.No.3091 of 2024
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside
the order passed in W.P.No.30633 of 2024 dated 14.10.2024 and
consequentially direct the 3rd respondent to permit the petitioner to
participate in the said ongoing Counselling by considering the petitioner as
Scheduled Caste Origin (Hindu Adi Dravida) in terms of the Caste
Certificate issued by the Tahsildar, Taluk Office, Villianur, dated
26.09.2024.
For Appellant : Mr.S.Silambanan, Senior Counsel
for Mr.Stalin Abhimanyu
For Respondents : Mr.V.Vasantha Kumar,
Additional Government Pleader
*********
JUDGMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
This writ appeal is filed by the appellant seeking to to set aside the
order passed in W.P.No.30633 of 2024 dated 14.10.2024 and
consequentially direct the 3rd respondent to permit the petitioner to
participate in the said ongoing Counselling by considering the petitioner as
Scheduled Caste Origin (Hindu Adi Dravida) in terms of the Caste
Certificate issued by the Tahsildar, Taluk Office, Villianur, dated
26.09.2024.
https://www.mhc.tn.gov.in/judis
2. According to the appellant, she has secured 75% in Higher
Secondary Examinations and 385 marks in NEET UG 2024 and she
submitted her application under the Scheduled Caste - migrant category for
admission to the course of MBBS for the academic year of 2024-25 based
on the community certificate issued by the revenue authorities. According to
her, since the 1st respondent Authorities delayed in giving the Scheduled
Caste - Origin Community Certificate, she participated in the first round
and second round of counselling as Scheduled Caste- Migrant, based on her
earlier status, where she was automatically treated as a general candidate
and allotted with a seat for BDS Course. Thereafter, on 26.09.2024 the
petitioner was provided with Scheduled Caste Origin Certificate by the
Tahsildar, Taluk Office, Villianur, based on her mother's origin as per order
issued under 1964. Therefore, now the respondent cannot take a technical
ground stating that she is not entitled to be considered for the MBBS seat
under the Scheduled Caste Origin category.
3. The learned Senior Counsel appearing for the appellant would draw
the attention of this Court to the Information Brochure for Admission to UG
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NEET – based Courses, wherein it states that claim exercised with regard to
Community are subject to verification of the submitted documents and
cannot be changed once the Final Merit List is published. However,
CENTAC reserves the right to update the merit list in case of genuine claims
supported by documentary evidence. According to the learned Senior
Counsel appearing for the appellant, the writ Court has failed to consider the
above clause 1.10 in the Brochure. Therefore, the writ Court without
considering the said facts has dismissed the writ petition. Aggrieved by the
same, the present writ appeal is filed.
4. The learned Additional Government Pleader for the respondent
would submit that the appellant at the time of applying has not submitted
the Scheduled Caste – origin certificate and her name was not considered
under the said category for the admission to the MBBS course 2024-25.
5. Considering the issues involved in the present writ appeal we are to
rely upon clause 1.10 in the Information Brochure for Admission to UG
NEET – based Courses, which reads as follows:-
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1.10. MERIT LIST
The Merit List of the CENTAC applied
candidates will be prepared based on the UG NEET 2024-
ALL INDIA RANK for COUNSELLING. In case of UG
NEET-2024 score, Cut-Off marks for the different
categories fixed by the MCC/MOHFW will be considred.
On verification of the candidate's credentials, the
Draft Merit List will be published. Adequate time will be
given to raise objections and submit documents, if any, and
subsequently, the Final Merit List will be published.
Claim exercised with regard to Residence/
Community/ Special Category are subject to verification of
the submitted documents and cannot be changed once the
FINAL Merit List is published. However, CENTAC
reserves the right to update the merit list in case of
genuine claims supported by documentary evidence.
Separate Merit List will be prepared for Government
Quota Seats & Management Quota Seats. The candidates
should refer to the CENTAc website
www.centacpuducherry.in for the merit lists of all the
courses.
In case, the ONLINE application is reopened for any
course, then the Merit List will be updated with all the new
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applications received for the concerned course. This may
alter the existing Merit List as well.
6. In the aforesaid Brochure it is clearly stated that the claim of
community are subject to verification of the submitted documents and
cannot be changed once the FINAL Merit List is published. However, the
appellant has submitted the application under the Scheduled Caste - migrant
category and is eligible for admission to the UG NEET based courses 2024-
25 and she is a meritorious candidate, due to the delay of the Revenue
Authorities in furnishing the Community Certificate dated 26.09.2024, she
was not considered under the said category.
7. In the light of the above clause 1.10 in the Information Brochure,
which clearly states that once final merit list is filed CENTAC reserves the
right to update the merit list in case of genuine claims supported by
documentary evidence. In the present case on hand the genuineness of the
certificate at this point of time cannot be doubted by the Authority
concerned, unless it has been verified by the authority concerned, that it is
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not genuine.
8. In view of the said rider clause in the aforesaid Information
Brochure the appellant is entitled for considering in the admission to UG
NEET – based courses offered by the 3rd respondent. The 3rd respondent
today publishing the merit list under the Scheduled Caste category for the 3 rd
round of counselling, and there is one seat available under the Scheduled
Caste category.
9. Therefore, in the light of the submissions made by the parties we
are of the view that the order of the writ Court is liable to be set aside and in
the light of the aforesaid Information Brochure and production of the
community certificate the appellant is entitled to seek admission in the
MBBS course in third round of Counselling conducted by the 3rd respondent.
10. The 3rd respondent is directed to consider the appellant for
selection to the aforesaid vacancy based on the aforesaid community
certificate dated 26.09.2024. After verification, if the appellant satisfies all
https://www.mhc.tn.gov.in/judis
the eligibility criteria, she is entitled for the MBBS seat in the Academic Year
2024-25 to be conducted by the 3rd respondent in the 3rd round of
counselling.
11. Accordingly, this writ appeal is allowed and the order made in
W.P.No.30633 of 2024 dated 14.10.2024 is set aside. No costs.
Consequently, connected Miscellenous petition is closed.
12. The learned Additional Government Pleader is directed to
communicate the order of this Court to the 3 rd respondent herein without
awaiting for the order copy.
(D.K.K., J.) (P.B.B, J.)
dsa 19.10.2024
Index : Yes / No
Internet : Yes / No
Neutral Citation : Yes / No
Speaking order / Non-Speaking order
Note:-
Issue order copy by 21.10.2024.
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To:-
1.The Secretary to Government,
Union of India (Revenue),
Government of Puducherry,
Chief Secretariat, Puducherry.
2.The Secretary to Government,
(Health),
Government of Puducherry,
Chief Secretariat, Puducherry.
3.The Convenor,
Centralised Admission Committee,
Directorate of Higher and Technical Education,
Government of Puducherry,
Puducherry.
https://www.mhc.tn.gov.in/judis
D.KRISHNAKUMAR, J.
and
P.B.BALAJI, J.
dsa
19.10.2024
https://www.mhc.tn.gov.in/judis
