M.Chitra (41 Years) v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.29333 of 2016 M.Chitra ..

Petitioner -vs1. The District Collector Thiruvannamalai 606 707

2. The Revenue Divisional Officer Thiruvannamalai 606 707

3. The Revenue Divisional Officer Kallakurichi Villupuram 606 206

4. The Member Secretary Selection Committee Directorate of Medical Education Poonamallee High Road Chennai 600 010 ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the second respondent herein to forthwith issue the Schedule Tribe Community Certificate (Hindu Kattu Nayakkan) to the petitioner's minor son Vijay, now aged 16 years (date of birth 18.9.1999), in pursuant to the community certificate petition dated 20.5.2016, enabling him to undergo candidature for selection in MBBS ST Quota before the fourth respondent in 2016-17 second counselling session proposed to commence on 1.9.2016.

For Petitioner ::

Mr.R.Selvakumar For Respondents::

Mr.V.Selvaraj Additional Government Pleader

ORDER

(Order of the Court was delivered by HULUVADI G.RAMESH, J.) The petitioner seeks for issuance of a writ of mandamus, directing the second respondent herein to forthwith issue the Schedule Tribe Community Certificate (Hindu Kattu Nayakkan) to the petitioner's minor son Vijay, now aged 16 years (date of birth 18.9.1999), pursuant to the community certificate petition dated 20.5.2016, enabling him to undergo candidature for selection in MBBS ST Quota before the fourth respondent in 201617 second counselling session proposed to commence on 1.9.2016.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader taking notice on behalf of the respondents.

3. The petitioner claims to belong to "Kattunayakan community", which is notified as a Scheduled Tribe and her husband had applied to the second respondent on 20.5.2016 seeking for issuance of Hindu Kattunayakan community certificate to his/her son, namely, Vijay. It appears that enquiries were conducted by the second and third respondents and even after completion of such enquiry, the second respondent has not issued the community certificate sought for by the petitioner till date. The grievance of the petitioner is that the second session of the MBBS counselling for the year 2016-17 is proposed to be held from 1.9.2016 and unless the community certificate is issued to the petitioner's son by the second respondent, his candidature under the Scheduled Tribe quota will not be considered by the fourth respondent. Hence the writ petition.

4. Since the petitioner's husband is said to have submitted the application for issuance of Hindu Kattanayakan Scheduled Tribe community certificate to the second respondent as early as on 20.5.2016 and that the enquiry is also said to have been completed by the authority concerned, we direct the second respondent to consider the application of the petitioner's husband and pass appropriate orders in accordance with law on or before 31.8.2016, after verifying all the relevant documents, since the second session of the MBBS counselling is proposed to be held from 1.9.2016. With this direction, the writ petition stands disposed of. Consequently, W.M.P.No.25376 of 2016 is closed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

ss To

1. The District Collector Thiruvannamalai 606 707

2. The Revenue Divisional Officer Thiruvannamalai 606 707

3. The Revenue Divisional Officer Kallakurichi Villupuram 606 206

4. The Member Secretary Selection Committee Directorate of Medical Education Poonamallee High Road Chennai 600 010 2 ccs to Mr.R.Selvakumar, Advocate, sr.47790 1 cc to The Government Pleader, sr.48264 1 cc to The Government Pleader, sr.48046 W.P.No.29333 of 2016 ug co kra 24.08.2016