Mr.A.Suresh, the learned Government Advocate, takes notice for the respondents.
2. With the consent of the learned counsels appearing on either side, the writ petition itself is taken up for final disposal.
3. This writ petition has been filed praying for a writ of Certiorarified Mandamus to call for the records relating to the proceedings of the first respondent, dated 8.12.2008, stating that as per the directions received from the Director of Medical Education, the transcript certificate (ECFMG verification certificate) could not be issued to the petitioner, at present, and quash the same.
4. The petitioner has stated that he had joined, Kilpauk Medical College in the year, 1989 and he had completed his internship training in the year, 1995. Thereafter, he had applied for the Post Graduate Entrance Examination in the year, 1999. Based on his marks he was selected for M.D.Paediatrics course in the Madras Medical College and he had passed out of the college with distinction, in the year, 2002. The respondent had issued the mark sheet and other records relating to his M.B.B.S. and M.D degrees. Thereafter, the petitioner had gone to the United Kingdom for further training and practice. He had completed his Membership Examination and is currently residing in the United Kingdom and he is working as a Paediatrician.
5. It has been further stated that the petitioner belongs to Valluvar Community, which is a scheduled caste. The District Collector, Chennai, had cancelled the community certificate issued by the Tahsildar, Purasawalkam Perambalur Taluk, without conducting a proper enquiry. While so, he had completed his M.B.B.S. course and therefore, a provisional degree certificate, bearing No.2276, dated 20.7.1994, had been issued by the Tamil Nadu Dr.M.G.R. Medical University, Chennai. Thus, the petitioner was entitled to receive his M.B.B.S. Degree after satisfactorily completing the prescribed period for Compulsory Rotatory Internship Training, for one year.
6. It has been further stated that even though the respondents had raised certain doubts about the community certificate it may not be relevant for the purpose of issuing the transcript certificate (ECFMG verification certificate) directly to ECFMG, Philadelphia, USA. In fact, the petitioner had come before this Court on previous occasions, with regard to the issue of cancellation of his community certificate and for the issuing of the course completion certificate for the Compulsory Rotatory Internship Training and also for the M.B.B.S. degree. At present there can be no impediment for the respondents to comply with the request of the petitioner issuing the transcript certificate (ECFMG verification certificate) directly to ECFMG, Philadelphia, USA. Even otherwise, it would be open to the respondents to pursue necessary proceedings, if they find it fit to do so, with regard to the issue of community certificate of the petitioner. However, such an option available with the respondents cannot preclude them from taking necessary steps to comply with the present request of the petitioner, as prayed for in the present writ petition.
7. The learned counsel appearing on behalf of the respondents have not shown sufficient cause or reason for this Court to deny the reliefs sought for in the present writ petition. The learned counsel appearing for the respondents had submitted it would be open to the respondents to take appropriate proceedings, with regard to the issue relating to the community certificate of the petitioner, subject to the various orders passed by this Court, on the earlier occasions. The learned counsel has not been in a position to show that there are serious impediments in complying with the request of the petitioner, at this stage. However, it was submitted that the petitioner would be liable to bear all the costs involved in the process of complying with the request of the petitioner.
8. In view of the submissions made by the learned counsels appearing for the petitioner, as well as the respondents, the first respondent is directed to issue the transcript certificate (ECFMG verification certificate), as prayed for, within a period of two weeks from the date of receipt of a copy of this order. However, this Court is not expressing any opinion, on merits, with regard to the community certificate relating to the petitioner. The cost for issuing the credentials, as directed by this Court, is to be borne by the petitioner and it shall be paid to the second respondent, as and when required.
With the above directions, the writ petition is disposed of. No costs. Consequently, connected M.P.No.1 of 2009 is closed.
csh To
1.The Director of Medical Education, Department of Health and Family Welfare, Chennai-600010.
2.The Dean, Kilpauk Medical College, Chennai 600 010