Allowed

V.Pavithra v. The Registrar

Madras HC27 Jan 2022WP/1260/2022

Case brief

AI extract

What is this about?

Petitioner sought writ to direct medical university to accept examination fees and permit appearance for 1st year MBBS. Petitioner belonged to Scheduled Tribe but lacked personal certificate; parents had valid ones. Court allowed assistance pending certificate issuance but directed that results not be published until certificate is issued.

What did the court decide?

Direction to respondents 1 to 3 to permit petitioner to pay fees and appear in examination held from 01.02.2022, with results withheld until community certificate is issued.

V.Pavithra Vs The Registrar — Education and Admissions | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.01.2022

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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W.P.NO.1260 OF 2022 AND W.M.P.NO.1365 OF 2022

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V.Pavithra ...Petitioner

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-Vs-

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1.The Registrar, Tamil Nadu Dr. MGR Medical University,

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Guindy, Chennai-600 032.

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2.The Controller of Examinations, Tamil Nadu Dr. MGR Medical University, Guindy, Chennai-600 032.

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3.Government Villupuram Medical College and Hospital, Villupuram-605 601,

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Rep. by its Dean.

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4.The Collector, Dharmapuri, Dharmapuri District.

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5.The Revenue Divisional Officer,

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Harur, Dharmapuri District. ...Respondents

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Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to accept the examination fee from the petitioner and permit the petitioner to appear for the 1st year MBBS Examinations to be held from 01.02.2022 and to publish the results and continue her study without any hindrance.

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For Petitioner : Mr.S.Doraiswamy for V.Elangovan For Respondents R1 to R3 : Mr.D.Ravichandran Special Government Pleader For Respondents R4 & R5 : Mrs.C.Sangamithirai Special Government Pleader

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the respondents 1 to 3 to accept the examination fee from the petitioner and permit the petitioner to appear for the 1^st year MBBS Examinations to be held from 01.02.2022 and to publish the results and continue her study without any hindrance.

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2.The case of the petitioner is that she belongs to Kurumans community which is classified as a Scheduled Tribe Community and she applied for Community certificate on 20.02.2018 before the 5^th respondent, however no order was passed. Hence, the petitioner's mother filed a writ petition in W.P.No.18397 of 2018 and this Court by its order dated 19.07.2018 directed the 5^th respondent to consider the petitioner's application. Whileso, the 5^th respondent rejected the petitioner’s claim vide proceedings dated 12.09.02018. As against the rejection order, the petitioner’s mother filed W.P.No.27719 of 2018 and this Court vide order dated 01.11.2018 quashed the order and directed the 5^th respondent to consider the petitioner’s application within a period of eight weeks and the 5^th respondent once again rejected the application referring to the same reason as stated in the earlier order dated 12.09.2018. Thereafter, the petitioner's mother filed an appeal before the 4^th respondent on 04.03.2020, however, no enquiry was conducted even after sending several reminders. Therefore, the petitioner filed a writ petition in W.P.No.14112 of 2020 and this Court by its order dated 09.10.2020 directed the 4^th respondent to pass orders within a period of eight weeks.

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Such being the situation, the petitioner applied for NEET examination and obtained 391 marks. However, since the community certificate was not issued to the petitioner, she was treated as General Category candidate. Hence, the petitioner filed a writ petition in W.P.No.16250 of 2020 and this Court vide order dated 11.11.2020 permitted the petitioner to participate in the counselling under the Scheduled Tribes Category (in short ST) and thereafter, the petitioner participated in the counselling and got admitted in the 3^rd respondent college and completed the 1^st year M.B.B.S course, however, she was not permitted to pay the examination fess for the examination that is scheduled to be held on 01.02.2022 since she has not produced the community certificate. Hence, this present Writ petition is filed seeking for an interim order directing the respondent 1 to 3 to accept the examination fees from the petitioner and to permit her to appear for the 1^st year MBBS examinations that is to be held from 01.02.2022.

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https://hcservices.ecourts.gov.in/hcservices/

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4.The learned counsel for the petitioner submits that based on the Community certificate obtained by the petitioner's parents, the petitioner filed an application for community certificate and the same is pending before the 4^th respondent. Though the petitioner's parents are having valid community certificate stating that they belong to Kurumans community, the petitioner is not issued with the community certificate by the 4^th respondent which is not acceptable. He further submitted that, in the meanwhile, the petitioner got admitted in the 3^rd respondent college in the light of the order of this Court dated 11.11.2020 without insisting upon the community certificate. While such being the situation, restricting the petitioner to appear for the 1^st year MBBS examination that is to be held on 01.02.2022 on the ground that the petitioner has not produced the community certificate is not sustainable one. Hence, he submitted that, it would suffice, if this Court issues direction to the respondents 1 to 3 to accept the examination fee from the petitioner and to permit her to appear for the 1^st year MBBS examination that is to be held from 01.02.2022.

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The learned counsel appearing for the respondents 1 to 3 submitted that, the petitioner does not possess any valid certificate to prove her community and in the absence of any certificate to show that the petitioner belong to Kurumans community permitting her to write the examination will affect the interest of the respondents. Hence, he prays for dismissal of this Writ petition.

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6.Heard the arguments advanced by the learned counsel on either side.

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The facts in the present case are not in dispute. Admittedly, the petitioner's father and mother both possess valid community certificates and till date their community certificates were not cancelled. Equally, the petitioner has not obtained the community certificate from the competent authority and the same is pending before the 4^th respondent. However, in the mean while, the petitioner got admitted in the 3^rd respondent college, whileso, not permitting the petitioner to appear in the MBBS examinations that is to be held from 01.02.2022 is not sustainable. The non-consideration of the application of the petitioner by the concerned respondent / 4^th respondent cannot be put against the petitioner. Hence, this Court issues direction to the respondents 1 to 3 to permit the petitioner to pay the fees and to appear in the examination to be held from 01.02.2022 by accepting the examination fee from the petitioner. However, the result shall not published and it should be published only after the issuance of community certificate and it is made clear that the petitioner cannot claim equity on the basis of this order for appearing in examination in future.

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https://hcservices.ecourts.gov.in/hcservices/

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8.This Writ Petition is disposed of with the aforesaid direction. No costs. Consequently, connected Miscellaneous petition is closed.

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Sd/Assistant Registrar(CS-VII)

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// True Copy //

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Sub Assistant Registrar

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skt

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1.The Registrar, Tamil Nadu Dr. MGR Medical University, Guindy, Chennai-600 032. 2.The Controller of Examinations, Tamil Nadu Dr. MGR Medical University, Guindy, Chennai-600 032. 3.The Dean, Government Villupuram Medical College and Hospital, Villupuram-605 601, 4.The Collector, Dharmapuri, Dharmapuri District. 5.The Revenue Divisional Officer, Harur, Dharmapuri District.

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+1cc to Mr.S.Doraiswamy, Advocate Sr.No.4830

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+1cc to the Government Pleader Sr.No.5148 (01/06/2022)

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W.P.No.1260 of 2022 and W.M.P.No.1365 of 2022

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KK(CO) RVM(27/01/2022)

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https://hcservices.ecourts.gov.in/hcservices/

V.Pavithra v. The Registrar

Case brief

What is this about?

What did the court decide?

V.Pavithra v. The Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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