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Madras High CourtWP/29460/2024disposed of with direction

Srinija.K v. Union Of India

2024-10-01Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.32108 of 2024 K.Srinija ... Petitioner Vs.

1.Union of India, Rep.by its Secretary to Government, (Revenue), Government of Puducherry, Chief Secretariat, Puducherry.

2.The Secretary to Government, (Health), Government of Puducherry, Chief Secretariat, Puducherry.

3.The Convenor, Centralised Admission Committee, Directorate of Higher and Technical Education, Government of Puducherry, Puducherry. ....Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the third respondent to permit the petitioner to participate in the Undergraduate Medical Counselling for the academic year 2024-2025, by considering the petitioner as Scheduled Caste Origin (Hindu Adi Dravida). For Petitioner :

Mr.Stalin Abhimanyu For Respondents : Mr.J.Kumaran Additional Government Pleader

O R D E R

This Writ Petition has been filed to direct the third respondent to permit the petitioner to participate in the Undergraduate Medical Counselling for the academic year 2024-2025, by considering the petitioner as Scheduled Caste Origin (Hindu Adi-Dravida).

2. The case of the petitioner is that the petitioner is an origin of Puducherry and was born in Puducherry Government Hospital at Kirumambakkam. Her father belongs to Hindu Adi-Dravida Community and hails from Vyasarbadi, Tamil Nadu and her mother belongs to Hindu AdiDravida Community and is the origin of Puducherry. Therefore, the

petitioner is entitled to get Community Certificate as if she belongs to Scheduled Caste of Puducherry region and she has made various representations before the respondents for issuing the Origin Community Certificate, however, the respondents remained silent and therefore, she applied for the first round of medical counselling as Scheduled CasteMigrant for the academic year 2024 to the third respondent and she was treated as general candidate and has been alloted with BDS course under general category. In the meanwhile, on 26.09.2024, she was provided with Caste Certificate as if she belongs to Hindu Adi-Dravida (SC Origin) based on her mother's origin and immediately, she made a representation on 26.09.

2024 before the third respondent to consider her as Hindu AdiDravida (SC Origin) and permit her to participate in the Undergraduate Medical Counselling for the academic year 2024-2025, based on the Caste Certificate issued on 26.09.2024 by the Tahsildar, Taluk Office, Villianur, however, the same has not been considered so far. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the third respondent is directed to dispose of the representation of the petitioner, dated 26.09.2024 on merits and in accordance with law, within a specified period.

4. The learned Additional Government Pleader appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the third respondent to consider the representation of the petitioner, dated 26.09.2024, in terms of the Caste Certificate issued by the Tahsildar, Taluk Office, Villianur, dated 26.09.2024 and pass appropriate orders, on merits and in accordance with law, on or before 04.10.2024.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. 01.10.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb Note: Issue order copy on 01.10.2024 To 1.Union of India, Rep.by its Secretary to Government, (Revenue), Government of Puducherry, Chief Secretariat, Puducherry.

2.The Secretary to Government, (Health), Government of Puducherry, Chief Secretariat, Puducherry.

3.The Convenor, Centralised Admission Committee, Directorate of Higher and Technical Education, Government of Puducherry, Puducherry.

M.DHANDAPANI, J.

ssb 01.10.2024