SHANMUGHANANDHAM MINOR Vs. SECRETARY VALLIAMMAL HINDU TEACHER TRAINING INSTITUTE KULASEKARAM PATTINAM TIRUCHENDUR TALUK

JUDGEMENT

(1.) THE appellant, who Was the writ petitioner, was successful in the S.S.L.C.Public Examination held in March, 1984 and had also obtained Higher Secondary Course Certificate after completing the course popularly known as '+2 Course'. She applied for admission to the Teacher Training Course in the first respondent Institute. THE minimum qualification for Teacher Training Course is completion of S.S.L.C or X Standard New Pattern. She appeared for an interview on 19.8.1986. She was not selected for admission on the only ground that there was variation between the community certificate produced by her along with her application and the transfer certificate issued by the school in which she studied the +2 Course. While the Community certificate issued by the Tahsildar of Tiruchendur described her community as 'Hindu Yadavar', the Transfer Certificate described it as 'Hindu Konar'. THE first respondent institutes took the view that the two certificates mentioned two different communitie's and, therefore, there was variation. Aggrieved by her non-selection, the appellant filed the writ petition, out of which this appeal arises, for issue of Writ of Declaration by declaring that the community 'Yadhava' means and Includes 'Konar' and directing the respondents to allot a seat In the Teacher Training Course for the Academic Year 1986-87 and 1987-88.

(2.) MOHAN, J. dismissed the writ petition on the ground that the matter is one to be decided in a suit and not on mere affidavit and counter-affidavit. It is urged by learned counsel for the appellant that the community certificate issued by the Tahsildar is to be accepted as conclusive and that there is no variation between the same and the Transfer Certificate as 'Konar' is only an alias for 'Yadava'.

(3.) IN Volume III of the same book, at page 349, it is seen that 'Konan or Konar is a title of Idaiyans' and that � Some Gollas call themselves Konanulu'. Thursten has dealt with 'Idaiyan' in Volume II at pages 353 to 366. The relevant portions read thus: