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Judgment
M. Jaichandren, J.—This writ petition has been filed praying for theissuance of a writ of Mandamus to direct the firstRespondent to issue the provisional pass certificate II, tothe Petitioner, relating to her completion of the M.B.B.S.course and the House Surgeon Training.
According to the Petitioner, she belongs to HinduPallan community, which is recognised as a scheduled caste, as per the Scheduled Castes and Scheduled Tribes Order(Amendment) Act, 1956, and it has been included in serial No. 049 therein. The community certificate, dated 10.1.1982,had been issued by the Tahsildar, Virudhunagar, who is thecompetent authority to issue such a certificate, to thePetitioner''s father. The Petitioner had been shown as a Hindu scheduled caste in her school certificate.
The Petitioner had been admitted in the medical course, under the reserved category, by securing 92.67%percent in the plus two examinations, conducted in the month of March, 2003. After her admission in the medical course in the academic year 2003-2004, she had also successfully completed the five years of M.B.B.S. course and had also undergone the House Surgeon Training. While so, the third Respondent had issued the proceedings, dated18.2.2010, holding that the Petitioner did not belong to Hindu pallan community, as certified by the Tahsildar, Virudhunagar. Challenging the said proceedings, the Petitioner had filed a writ petition before the Madurai Bench of the Madras High Court, in W.P.(MD) No. 4806 of2010. The Division Bench had passed an order, dated 9.4.2010, holding that the Petitioner belonged to Hindu Pallan Community, by quashing the order of the third Respondent, dated 18.2.2010. However, once again, the third Respondent had passed an order, dated 3.5.2010, stating that the Petitioner cannot claim the status as a scheduled caste, as she was professing the religious practices of Christianity and therefore, the certificate, dated4.6.1999, issued by the Tahsildar, Virudhunagar, is not valid.
Aggrieved by the order of the third Respondent, dated 3.5.2010, the Petitioner had preferred a writ petition before the Madurai Bench of the Madras High Court, in W.P.(MD) No. 7182 of 2010, and an order of interim stay had also been granted, on 3.6.2010, in M.P.(MD) No. 1 of2010. Since, the Petitioner is to register herself as a medical practitioner, with the Medical Council of India, to carry on her medical practice, she has filed the present writ petition before this Court, under Article 226 of the Constitution of India, seeking for a direction to the first Respondent to issue the necessary Provisional Pass Certificate II, to the Petitioner, as she had completed her M.B.B.S. course and the House Surgeon Training.
At this stage of the hearing of the writ petition, the learned Counsel appearing for the Petitioner had filed an affidavit of undertaking, dated 15.11.2010. ParagraphNos.3, 4 and 5 of the said affidavit read as follows:
As referred to by me in my affidavit the writ petition filed by me in W.P.(MD) No. 7182 of2010, against the order dated 3.5.2010 passed by the third Respondent herein, canceling my community certificate dated 4.6.1999 is pending with the interim order dated 3.6.2010 passed in M.P.(MD) No. 1 of 2010 enduring in my favor till date.
In the event of the Respondents 1 and 2issuing the provisional pass certificate-II,subject to the pendency of W.P.(MD) No. 7182 of2010 now pending before the Madurai Bench of this Honorable Court, I undertake that in the event of the order of the third Respondent, if, confirmed in the above writ petition and attaining finality, I shall not claim any righter privilege or concession or relaxation of any kind, on the basis of the provisional pass certificate II.
I agree to receive the provisional pass certificate-II in my name by the Respondents 1and 2, subject to the result, in the above.(MD) No. 7182 of 2010.
The learned Counsel appearing for the Petitioner had also relied on the order, dated 8.4.2010, made in W.P. No. 6929 of 2010, wherein, this Court had directed the issuance of the necessary certificates based on the undertaking given by the Petitioner therein.
The learned Counsel appearing for the Respondents had placed before this Court a communication from the Directorate of Medical Education, Chennai, dated 27.2.2010,which reads as follows:
The Hon''ble High Court in its judgment dated28.1.2010, have issued the following directions:
To issue MBBS course completion certificate, degree certificate, conduct certificate along with the other original certificates to the Petitioner subject to the recording of an undertaking from the individual that, she will not claim the communal status as scheduled caste in future either in obtaining service (or) for any other benefits following from the caste certificate obtained by her as her certificate has been ordered to be cancelled. Further, the direction has been issued to the Petitioner to pay the difference in fees and the difference in scholarship received by the Petitioner and on receipt of such payment the certificates will be issued to the Petitioner.
In view of the above judgment pronounced, all the Heads of Medical Collages/Dental college under the control of this Directorate are instructed to follow the said order of High Courting the similar cases, if any arisen in future.
In view of the averments made in the affidavit fielding support of the writ petition and in view of the submissions made by the learned Counsels appearing for the Petitioner, as well as the Respondents, and in view of the order passed by this Court, on 8.4.2010, in W.P. No. 6929 of2010 and in view of the undertaking given by the Petitioner, and taking into consideration the communication issued by the Directorate of Medical Education, Chennai, dated 27.2.2010, the first Respondent is directed to issue the provisional pass certificate II, relating to her completion of the M.B.B.S. course and the House Surgeon Training, to the Petitioner, within a period of two weeks from the date of receipt of a copy of this order. However, it is made clear that the issuance of the said certificate would be subject to further orders to be passed by thesauri Bench of the Madras High Court, in W.P. No. 7182 of2010.
The writ petition is disposed of accordingly. No costs. Connected M.P. No. 1 of 2010 is closed.