IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 10-07-2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.8007 of 2009 R.Saritha .. Petitioner. Versus 1.The Institute of Road Transport, Perundurai Medical College & Research Centre, Rep. by its Dean, Perundurai, Erode District-638 053. 2.The Institute of Road Transport, Perundurai Medical College & Research Centre, Rep. by its Principal, Perundurai, Erode District-638 053. 3.The Registrar, Dr. M.G.R. Medical University, Guindy, Chennai 32. R3 impleaded as per order dated 8.7.2009 in MP.4/09 in WP.8007/09 .. Respondents. Prayer: Petition filed seeking for a Writ of Mandamus, to direct the respondents to issue the petitioner Course Completion Certificate, CRRI, transfer Certificate and provisional certificate. (Prayer amended as per order, dated 8.7.2009, by MJJ in M.P.No.3 of 2009, in W.P.No.8007 of 2009) For Petitioner : Mr.M.Suresh Kumar For Respondents : Ms.Kala Ramesh (R1 & R2) Ms.A.L.Gandhimathi (R3) O R D E R Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2. This writ petition has been originally filed praying for a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the second respondent, dated 9.7.2008, and quash the same and to direct the respondents to issue the Course Completion Certificate,Compulsory Rotatory Resident Internship Certificate, the Transfer Certificate and the Provisional Certificate to the petitioner. Subsequently, the prayer had been amended by an order of this Court, made in M.P.No.3 of 2009, for the issuance of a Writ of Mandamus to direct the respondents to issue the Course Completion Certificate, the Compulsory Rotatory Resident Internship Certificate, the Transfer Certificate and the Provisional Certificate to the petitioner. 3. The petitioner has stated that she belongs to Hindu Reddy (Ganjam) community, which is classified as a Backward Class Community. She was issued with a Community Certificate by the Deputy Tahsildar, Erode, on 17.6.2002, stating that she belonged to the Hindu Reddy (Ganjam) community. The Deputy Tahsildar, Erode, had issued the said certificate after conducting an enquiry and on verification of the relevant records. The petitioner's father and her relatives have also been issued with similar certificates stating that they belong to Hindu Reddy (Ganjam) community. 4. It has been further stated that after completing her plus two course, she was admitted to the M.B.B.S course in the respondent College, during the academic year 2002-2003, under the quota reserved for the Backward Class Community. Thereafter, she had completed the course in the year, 2007 and she had also completed the Compulsory Rotatory Resident Internship Certificate, in the month of October, 2008. However, based on certain anonymous complaints, the District Backward Class and Minorities Welfare Officer, Erode, by his communication, dated 13.9.2005, had informed the petitioner that her community certificate had been cancelled. The said communication of the District Backward Class and Minorities Welfare Officer, Erode, dated 13.9.2005, has been challenged by the petitioner, before this Court, in W.P.No.34199 of 2005. An order of interim stay has also been granted. 5. It has been further stated that the petitioner had requested the respondents to issue the Course Completion Certificate, the Compulsory Rotatory Resident Internship Certificate, the Transfer Certificate and the other certificates, including the provisional certificates, so as to enable the petitioner to register as a medical practitioner. However, the second respondent, by the impugned communication, dated 9.7.2008, had rejected the request of the petitioner. In such circumstances, the petitioner has preferred the present writ petition before this Court, under Article 226 of the Constitution of India. https://hcservices.ecourts.gov.in/hcservices/ 6. The main contention of the learned counsel appearing for the petitioner is that since the petitioner's Course Completion Certificate and the Community certificate of the petitioner had not been cancelled by the appropriate authorities, it would not be open to the respondents to deny the request of the petitioner for the issuance of the certificates sought for by her. Since the enquiry, with regard to the community status of the petitioner, has not become final, the impugned order passed by the second respondent, is arbitrary and illegal. Therefore, the impugned order of the second respondent, dated 9.7.2008, is liable to be set aside and the respondents are to be directed to issue the certificates sought for by the petitioner. 7. In the counter affidavit filed on behalf of the first respondent it has been stated that the said respondent is acting only as per the directions issued by the Tamil Nadu Dr.M.G.R.Medical University and it is only the said University that can issue the certificates sought for by the petitioner. Pursuant to the letter, dated 19.9.2002, issued by the Tamil Nadu Dr.M.G.R. Medical University, the Community Certificates of the candidates, including that of the petitioner, had been sent for verification to verify their genuineness, to the concerned authorities. On 4.10.2005, a letter had been received from the District Backward Class and Minorities Welfare Officer, Erode, dated 13.9.2005, stating that the petitioner does not belong to Hindu Reddy (Ganjam) Backward community. Thereafter, on 11.11.2005, a copy of the report had been sent to the Secretary, Selection Committee, Directorate of Medical Education, Kilpauk, Chennai, for further action. In such circumstances, the petitioner had preferred a writ petition before this Court, in W.P.No.34199 of 2005, praying for a Writ of Mandamus to forbear the second respondent therein from cancelling the admission of the petitioner to the M.B.B.S course at the second respondent College, pursuant to the communication, dated 13.9.2005, issued by the District Backward Class and Minorities Welfare Officer, Erode. Since the genuineness of the community certificate produced by the petitioner is in question, and as the community certificate issued to the petitioner had been cancelled, it is for the authorities of Dr.M.G.R. Medical University to take appropriate action and to decide upon the request made by the petitioner for the issuance of the necessary certificates. 8. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had relied on some of the orders passed by this Court in similar circumstances. He had placed before this Court an order of a learned Single Judge of this Court, dated 19.3.2008, made in W.P.No.6249 of 2008, the order made in W.P.No.2224 of 2006, dated 26.8.2008, and an order of the Division Bench of this Court in W.P.No.37537 of 2007, dated https://hcservices.ecourts.gov.in/hcservices/ 22.1.2008, wherein directions have been issued by this Court for the issuance of the certificates, based on certain conditions. 9. The learned counsels appearing on behalf for the respondents had pointed out that the Supreme Court, in its decision reported in Yogesh Ramchandra Naikwadi V. State of Maharashtra (2008(5) SCC 652), had permitted the appellant therein to retain the benefit of the engineering degree secured by him, subject to certain terms. It had been stated that he shall not claim or seek any further benefit by claiming that he belonged to a scheduled tribe, based on the community certificate produced by him. Further, it was held that the candidate cannot retain the financial benefits which he had received based on the said certificate. A direction had also been issued to the concerned State Government to take appropriate steps to enquire and assess the amount spent on the appellant, if any, as fee, scholarship or by way of concession in the fee and to demand repayment of the same from the said candidate. The learned counsel had further stated that there may, however, be cases where it will not be appropriate to permit the students to retain the degree obtained by making a false claim. In such circumstances, the candidate may not be entitled to claim the benefit of the degree completed by him. 10. In view of the submissions made by the learned counsel for the petitioner, as well as the learned counsels appearing on behalf of the respondents, and in view of the decisions cited supra, it is seen that the petitioner had completed the M.B.B.S course, as well as the Compulsory Rotatory Resident Internship. Even though the Community Certificate submitted by the petitioner is said to have been cancelled by the District Backward Class and Minorities Welfare Officer, Erode, in his communication, dated 13.9.2005, it is seen that this Court had granted an order of interim stay of the said communication, in the writ petition filed by the petitioner, in W.P.34199 of 2005. Further, an affidavit of undertaking has been filed on behalf of the petitioner, which is as follows: "2. I respectfully submit that during the 2005 I was informed by the 2nd respondent herein that The District Backward Class & Minorities Welfare Officer, Erode has sent a communication to the effect that I do not belong to Hindu Reddy (Kanjam) Backward Class Community. Thereafter, I preferred a Writ Petition in W.P.No.34199 of 2005 to forbear the respondent's from cancelling my Admission to the M.B.B.S., course. The said writ petition was admitted and an interim order was also granted in my favour. I state that the above writ petition is dismissed as infructuous by this Hon'ble Court on 1.7.2009, since I have completed my Course. https://hcservices.ecourts.gov.in/hcservices/ 3. I respectfully submit that the communication sent by the District Backward Class & Minorities Welfare Officer, Erode, regarding my community status has been passed without providing any opportunity to me and without hearing me in person. It is submitted that I had successfully completed my course during 2007 and subsequently, I undergone House Surgeon Training also. In view of the same, I filed the present writ petition to issue Course Completion Certificate, CRRI, Transer Certificate and Provisional Certificate. 4. I respectfully submit that I hereby undertake that I will not claim any concession as Backward Class, Hindu (Kanjam) Reddy Community on the basis of my Community Certificate in future for any purpose. I am also willing to surrender my Community Certificate." 11. In such circumstances, in view of the earlier orders passed by this Court cited supra, the petitioner is directed to surrender the original Community Certificate showing that the petitioner belongs to Hindu Reddy (Ganjam) community to the Tahsildar, Erode, within one week from the date of receipt of a copy of this order. On such surrender of the certificate, the Tahsildar, Erode, shall acknowledge the same by giving the petitioner a receipt as proof thereof. On production of the proof of the surrender of the Community Certificate of the petitioner, the respondents shall issue to the petitioner the certificates sought for by the petitioner in the present writ petition. Accordingly, the writ petition is disposed of, with the above directions. No costs. Consequently, connected M.P.No.2 of 2009, is closed. csh Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1. The Dean, The Institute of Road Transport, Research Centre, Perundurai Medical College & Perundurai, Erode District-638 053. https://hcservices.ecourts.gov.in/hcservices/ 2. The Principal, The Institute of Road Transport, Research Centre, Perundurai Medical College & Perundurai, Erode District-638 053. 3.The Registrar, Dr. M.G.R. Medical University, Guindy, Chennai 32. + 1 cc to Mrs. Kala Ramesh, Advocate, SR No.30340 + 1 cc to Mr. M. Sureshkumar, Advocate, SR No.30537 + 1 cc to Mr. AL. Ganthimathi, Advocate, SR No.30712 KSK(CO) SR/14.7.2009 Writ Petition No.8007 of 2009 https://hcservices.ecourts.gov.in/hcservices/