Anchana .R v. The Director Of Medical Education

1 W.P.(MD)NO.19475 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.19475 of 2022 and W.M.P.(MD)No.14215 of 2022 R.Anchana ... Petitioner Vs.

1. The Director of Medical Education, Directorate of Medical Education, 156, Poonamallee High Road, New Bupathy Nagar, Chetpet, Chennai.

2. The Dean, Kanyakumari Medical College, Asaripallam, Kanyakumari District. ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to direct the second respondent to issue all original certificates of the petitioner such as 1) Provisional Certificate I, 2) Provisional Certificate II, 3) CRRI (Compulsory Rotatory Residential Internship) Completion Certificate, 4) Course cum Conduct Certificate, 5) Transfer Certificate and other original certificates within the time period stipulated by this Court.

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2 W.P.(MD)NO.19475 OF 2022 For Petitioner : Mr.T.Lajapathi Roy For Respondents: Mr.V.Om.Prakash, Government Advocate.

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O R D E R

Heard the learned counsel on either side.

2. The writ petitioner was admitted in MBBS course in the second respondent college in the year 2014. The petitioner completed her degree course in the year 2020. The petitioner appears to have completed her Compulsory Rotatory Residential Internship also. However, the petitioner was not given the petition mentioned certificate. This was because the petitioner got admitted in ST category Hindu Kaniyan. After the completion of the entire course, the authorities before handing over the documents in question sent her case for verification. When the petitioner was undergoing the course, the authorities sought verification of the genuineness of her status. The Tamil Nadu State Level 2/5

3 W.P.(MD)NO.19475 OF 2022 Scrutiny Committee vide Order dated 04.07.2022 came to the conclusion that the writ petitioner does not belong to Hindu Kaniyan community. The certificates in question were withheld following the decision of the Tamil Nadu State Level Scrutiny Committee. Since the Tamil Nadu State Level Scrutiny Committee had decided against her, the authorities decided not to hand over the same. That led to the filing of this writ petition.

3. There is no dispute that the said decision of the Tamil Nadu State Level Scrutiny Committee was put to challenge in W.P.(MD)No.17827 of 2022 and the Hon'ble Division Bench had stayed the same vide Order 08.08.2022. Since the interim order is still in force, the respondents cannot decline to release the document in question.

4. In this view of the matter, the second respondent is directed to issue the petition mentioned original certificate to the petitioner forthwith and without any delay. I make it clear that the rights of the petitioner would eventually abide by the outcome of W.P.(MD)No.17827 of 2022. This writ petition 3/5

4 W.P.(MD)NO.19475 OF 2022 stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

01.09.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. The Director of Medical Education, Directorate of Medical Education, 156, Poonamallee High Road, New Bupathy Nagar, Chetpet, Chennai.

2. The Dean, Kanyakumari Medical College, Asaripallam, Kanyakumari District.

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5 W.P.(MD)NO.19475 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.19475 of 2022 01.09.2022 5/5