By the consent of the learned counsel appearing for the petitioner, as well as the respondents, the writ petition was taken up for final hearing and disposal.
2. This writ petition has been filed praying for a Writ of Mandamus to direct the respondents to issue the Compulsory Rotatory Residential Internship Course Completion Certificate, the Provisional Pass Certificate-II, and the degree to the petitioner.
3. It has been stated that the petitioner had belonged to Adi Dravida community. While so, he had converted to Christianity. Later, he had got re-converted to Hinduism, following all the formalities. The Tahsildar, Chidambaram, had issued a community certificate to the petitioner, on 28.4.1999, stating that he was a Hindu Adi Dravida. The petitioner had applied for the M.B.B.S. Course and he was selected and admitted in the first year of the course in Tanjore Medical College, on 2.8.1999, during the academic year 1999-2000. When the petitioner was undergoing the Compulsory Rotatory Residential Internship, he had received a communication, dated 22.11.2004, cancelling the Compulsory Rotatory Residential Internship Training. He was issued with the notice, on 24.11.2004, calling for an explanation stating that he had given false information in respect of his community. Challenging the said notice, dated 22.11.2004 and the show cause notice, dated 24.11.2004, the petitioner had filed a writ petition before this Court, in W.P.No.35917 of 2004. Based on the interim order granted by this Court, the petitioner had continued the Compulsory Rotatory Residential Internship Training. Thereafter, he had taken the examinations and results had also been declared.
4. It has been further stated that the Government of Tamil Nadu has issued G.O.Ms.No.1, Adi Dravidar and Tribal Welfare (CV-1) Department, dated 2.1.2009, declaring that the community certificates could also be issued to the scheduled caste candidates on re-conversion to Hinduism. Further, the community certificate that had been issued to the petitioner showing him as a scheduled caste candidate had not been cancelled, till date. In such circumstances, the petitioner had made a representation to the respondents, on 24.4.2009, to issue the certificates requested for by the petitioner and the medical degree. However, the respondents had not responded to the request of the petitioner. In such circumstances, the present writ petition has been filed before this Court, under
Article 226 of the Constitution of India.
5. No counter affidavit has been filed on behalf of the respondents.
6. In view of the submissions made by the learned counsel appearing for the petitioner, and on a perusal of the records available, this Court is of the considered view that the request of the petitioner for the issuance of the Compulsory Rotatory Residential Internship Course Completion Certificate, Provisional Pass Certificate-II and the degree certificate, is justified.
7. The learned counsel appearing on behalf of the respondents have not been in a position to show that the community certificate issued to the petitioner had already been cancelled. Further, according to G.O.Ms.No.1, Adi Dravidar and Tribal Welfare (CV-1) Department, dated 2.1.2009, the petitioner would be entitled to enjoy the scheduled caste status on his re-conversion to Hinduism.
8. It is also noted that the Supreme Court, in its decision reported in Yogesh Ramachandra Naikwadi Vs. State of Maharashtra and others (2008(5) CTC 652, had held that if a candidate had completed the course, even though his or her admission might have been based on a wrong community certificate, the said candidate is entitled to get the degree and other certificates relating to the said course, on certain terms.
9. For the above reasons, the third respondent is directed to send the Compulsory Rotatory Residential Internship Course Completion Certificate to the first respondent, within seven days from the date of receipt of a copy of this order and on receipt of such certificate, the first respondent shall issue the certificates and the degree, as requested by the petitioner, within a period of two weeks thereafter.
The writ petition is disposed of with the above directions. No costs. Consequently, connected M.P.No.1 of 2009 is closed.
csh To
1. The Registrar, Tamil Nadu Dr.M.G.R. Medical University.
2.Director of Medical Education, Kilpauk, Chennai-10.
3.Dean, Thanjavur Medical College, Thanjavur 4