VARDHINI PARTHASARATHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner, who is a medical aspirant, laid challenge to the order of the fourth respondent dated 13.10.2020 rejecting the Nativity Certificate in application TN-3202010134102 'based on VAO and RI report' as illegal and arbitrary and consequently, to direct the fourth respondent to issue a Nativity Certificate to the petitioner without undue delay.

(2.) The petitioner was born on 17.04.2002 in Hyderabad, where her maternal uncle was working, in whose house her mother stayed for delivery. The petitioner's mother was diagnosed with cancer forcing them to move to Chennai for undergoing treatment at Adyar Cancer Institute. From the year 2004, the petitioner along with her mother was to stay with the petitioner's maternal grandmother at Bangalore, where her mother breathed last on 03.09.2006. The petitioner was four years old at that time. The petitioner was to stay with her maternal grandmother and uncle at Bangalore till 29.02.2016 and to complete 8th Standard. When her maternal uncle moved to Srirangam, Tiruchirappalli in March 2016, she had to come over with them to pursue her studies from 9th Standard. The petitioner claimed that since March 2016, she has been living in Srirangam. While so, her name has been included in the ration card held by her paternal grandfather in Nanganallur, Chennai. Besides the ration card, she was given Aadhar card bearing No. 9674 5676 0872 containing the said address of her paternal grandfather.

(3.) The petitioner states that she, having lost her mother to cancer, was always ambitious to become a Doctor. She passed the National Eligibility-cum-Entrance Test (NEET) by securing 575 marks out of 720 in her maiden attempt. The petitioner fulfils all eligibility criteria for seeking admission in MBBS/BDS Course, such as, age, citizenship, marks in school subjects and also NEET, etc. One other criterion to seek admission in medical courses in the Tamil Nadu State is that the candidate must be a native of Tamil Nadu. The clause governing 'Nativity', as stated in the Prospectus is relevant and the same is extracted hereunder: