R ANANTHAKUMAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) By consent of both parties main writ petition itself is taken up for disposal. The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the second respondent, The Dean, Chengalpattu Medical College to issue compulsory rotatary resident internship and course completion certificates forthwith.

(2.) The case of the petitioner is briefly stated hereunder: According to him, he belongs to Kurumans community which is one of the communities listed as a Scheduled Tribe under the Constitution (Scheduled Tribes) Order, 1950. He was selected and admitted to the first year MBBS course in the second respondent college during July, 1996 under the quota reserved for Scheduled Tribes. At the time of his admission to the second respondent college, he produced a community certificate issued by the Revenue Divisional Officer, Dharmapuri dated 5-6-95 in the prescribed format. After admission, the 2nd respondent referred his community certificate for verification to the first respondent. In 1999 an elaborate enquiry was conducted by the Sub Collector, Dharmapuri, before whom he has produced various documentary evidence in proof of his claim that he belongs to Scheduled Tribe community of Kurumans. The Sub Collector forwarded his report to the first respondent. However, the first respondent has not chosen to forward the said report to the 2nd respondent college till date. In the meanwhile, he completed his course during April, 2001. The Tamil Nadu Dr. M.G.R. University has issued a provisional certificate dated 6-6-2001 to the effect that he has completed the M.B.B.S., Degree and further indicated that he will be qualified to receive the MBBS Degree certificate if satisfactory completion of the prescribed period of compulsory rotatary resident internship (CRRI). He had completed the period of one year CRRI during May, 2002. Even after the completion of the said course, the 2nd respondent has not issued him the CRRI and course completion certificate till date resulting in he could not get his MBBS Degree certificate from the University. When he approached the Office of the second respondent, he was informed by a communication dated 29-5-2002 to the effect that the genuineness of his community certificate was not received from the first respondent's office till date. In the absence of any doubt having been raised with regard to the genuineness of his community certificate, it is not known as to why such a reference is made to the first respondent. Even though he has completed his MBBS course during April, 2001 and also the CRRI during May, 2002, he is yet to receive his CRRI and course completion certificate resulting in he could not get his MBBS Degree certificate from the University. In such a circumstance, having no other remedy filed the above writ petition for appropriate direction.

(3.) Learned Additional Government Pleader on instruction reports that the community certificate report of the petitioner furnishing all the details comprising copy of community certificate issued to him by the Revenue Divisional Officer, Dharmapuri were sent to the District Collector, Dharmapuri by the 2nd respondent even on 29-6-98 and in spite of subsequent reminders, they have not received reply from the Collector. Since no genuine community verification certificate is received by the 2nd respondent from the District Collector, Dharmapuri, the certificates are withheld as per the existing Government rules.