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Madras High CourtWP/22465/2025disposed of

A.Shanthi v. The Revenue Divisional Officer

2025-06-30Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-06-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P. No. 22465 of 2025 and W.M.P.No.25256 of 2025

1. A.Shanthi D/o.Arjunan, Mettupalayam Village, Reddiyarpalayam Post, Thandrampattu Taluk, Tiruvannamalai District.

Petitioner(s) Vs

1. The Revenue Divisional Officer Tiruvannamalai, Tiruvannamalai District.

Respondent(s) PRAYER The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the online rejection order in Application Number in TN-TN-5202412212595 dated NIL quash the same and direct the respondent to issue the online community certificate to the petitioner that she belongs to Malakkuravan (ST) Community based upon the community certificate already issued to the father

and her children namely V.Monisha, V.Abirami and V.Vignesh in order to fulfil the requirement of class 8(g) of prospectus for admission to MBBS/BDS course for her daughter V.Monisha For Petitioner(s):

Mr. V.Elangovan For Respondent(s):

Mr. Vadivel Deenadayalan Additional Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) This Writ Petition is filed challenging the rejection order passed by the respondent.

2. The case of the petitioner is that she belongs to "Malakkuravan Community", which is classified as Scheduled Tribe and she studied upto 5 th standard and did not obtain any community certificate since it was not required for her at that time. In the school records, the petitioner's community was entered as Malakuravan Community.

3. It is the further case of the petitioner that her father had obtained community certificate from the Tahsildar, Chengam, on 28.12.1985 stating that he belonged to Malakkuravan Community (ST). Based on that, the petitioner had also obtained the community certificate to her children from the Revenue Divisional Officer, Tiruvannamalai, after proper enquiry and verification of documents. In these circumstances, the petitioner's daughter namely, V.Monisha,

had written NEET Exam and scored 396 marks out of 720 marks. In the prospectus for admission to MBBS/BDS issued by the Government, it is stated that the community certificate of either one of the parent obtained from the competent Revenue Authority of Government of Tamil Nadu should be enclosed to claim community reservation. Hence, the petitioner preferred an application to the respondent requesting to issue online community certificate to her based upon the community certificate already issued to her father and her children namely V.Monisha, V.Abirami and V.Vignesh, in order to fulfil the requirement of class 8(g) of prospectus for admission to MBBS/BDS course for her daughter V.Monisha. However, the respondent, without conducting any enquiry, rejected her application. Challenging the same, the present Writ Petition is filed.

4. Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondent and perused the materials placed before this Court.

5. On perusal of the records, it is seen that the documents produced by the petitioner have not been considered and the respondent has straight away passed the rejection order.

6. It is unfortunate to note that the rejection order has been passed without considering the community certificate produced by the petitioner. We have been repeatedly observing that a community comprises the members of the family and also members of the same group or tribe or caste and that the children derive their community from their parents and members of the family. If they have been given community certificate, their children, are entitled to the said certificate without any further verification.

7. In the present case, the petitioner's father was issued with the community certificate that he belongs to Malakkuravan Community (ST) by the Tahsildar, Chengam, on 28.12.1985. Therefore, the authorities cannot take a different view and reject the petitioner's application. The authorities are only required to examine their relationship and issue a community certificate.

8. In view of the above, we are inclined to set aside the impugned order passed by the respondent and the matter is remanded to the respondent for fresh consideration. The Revenue Divisional Officer, Tiruvannamalai/ respondent is directed to consider the documents produced by the petitioner and pass an appropriate order, on merits and in accordance with law, within a period of four

(4) weeks from the date of receipt of a copy of this order.

9. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. (J.NISHA BANU J.) (M.JOTHIRAMAN J.) 30-06-2025 ASI To The Revenue Divisional Officer Tiruvannamalai, Tiruvannamalai District.

J.NISHA BANU J.

AND M.JOTHIRAMAN J.

ASI W.P. No. 22465 of 2025 and W.M.P.No.25256 of 2025 30-06-2025