S.Yamini v. The Dean

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN S.Yamini ... Petitioner Vs The Dean, Madurai Medical College, Madurai - 625 020.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent to forthwith release and hand over all the Original Certificates of the Petitioner, viz., (i) 12th Standard Mark-sheet, (ii) Community Certificate, (iii) Provisional Certificates - I and II, (iv) Degree-cum-Conduct Certificate, (v) Internship Completion Certificate and (vi) Academic Record Book.

For petitioner : Mr. P.Saravanakumar For respondent : Mr.D.Ghandiraj Special Government Pleader ***** 1/10

ORDER

This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner and learned Special Government Pleader for the respondent.

2. The petitioner has approached this Court for a Mandamus to direct the respondent to release and hand over the following original certificates of the petitioner:

(i) 12th Standard Mark-sheet, (ii) Community Certificate, (iii) Provisional Certificates - I and II, (iv) Degree-cum-Conduct Certificate, (v) Internship Completion Certificate and (vi) Academic Record Book.

3. The petitioner had completed her UG in MBBS decree from the respondent/College after she was admitted in the year 2019-20 against the quota reserved for Scheduled Tribes (ST) candidate. 2/10

4. The petitioner had furnished a Certificate issued by the Revenue Divisional Officer certifying that the petitioner belongs to 'Kattunayakan' community, which is under the list as Scheduled Tribes. Earlier, an enquiry was made, at the stage after the petitioner had joined the College.

5. A reference was made to a letter issued by the State Level Scrutiny Committee. The State Level Scrutiny Committee, by an order, dated 26.11.2019 bearing reference in Letter No.19793/CVIII/2019-1 had called upon the Revenue Divisional Officer, Madurai to enquire regarding the correctness and genuineness of the Certificate issued to the petitioner.

6. This was challenged by the petitioner successfully before this Court in W.P.(MD) No.403 of 2020, wherein by an order, dated 24.02.2021, the Hon'ble Division Bench had passed the following order: "4. Accordingly, by following the dictum in the previous case, the respondents are restrained from conducting any inquiry into the veracity of the petitioner's community certificate. However, nothing will prevent the respondents from ascertaining 3/10

the veracity of the community certificate issued to the petitioner's father and any change in such community certificate may have a consequential repercussion on the community certificate held by the petitioner herein."

7. This was based on the earlier order passed under the similar circumstances by the Hon'ble Division Bench of this Court on 02.03.2018 in W.P.(MD) No.2483 of 2018 in the case of M.Angayarkanni vs. The Principal Secretary to Government, Adi Dravidar and Tribal Welfare (CV I) Department, Chennai.

8. The learned Special Government Pleader for the respondent submits that an enquiry, which has been conducted regarding the genuineness and correctness of the Community Certificate issued to the petitioner's father, namely, P.Sekar is still under scrutiny and the correctness of the same is still not known.

9. The learned counsel for the petitioner, on the other hand, submits that the Certifiate was issued after proper enquiry by the State Level Scrutiny Committee 4/10

in their proceedings in No.20696/CVIII/2008-12, dated 24.12.2010.

10. Since the petitioner's father's Community Certificate has been accepted by the State Level Scrutiny Committee in their proceedings dated 24.12.2010, there is no scope for re-enquiry into the same again. Relavant portion of the aforesaid proceedings of the State Level Scrutiny Committee, dated 24.12.2010, bearing reference in No.20696/CVIII/2008-12, reads as under: "5.The State Level Scrutiny Comraittee have carefully and independently examined the above original records, the oral statement of the individual and the report of the Revenue Divisional Officer, Madurai and the views of the Anthropologist. After careful examination of the aforesaid documents/records the State Level Scrutiny Committee have unanimously accepted the claim of the individual and hereby confirms that the Hindu 'Kattunayakan' Scheduled Tribe Community Certificate bearing Serial No.624004 dated: 10.3.1989 issued by the Tahsildar, Madurai North to Thiru P. Sekar, S/o.Thiru A. Perumal,residing at 15/1, Kattunayakkan Street, Anthanerikanmoi Road, Madurai - 625 107 is a genuine one."

11. Therefore, there is no justification in retaining the Certificates of the petitioner as there is no scope for further re-enquiry into the Community 5/10

Certificate issued to the petitioner's father. Therefore, there shall be a direction to the respondent to issue the above mentioned Certificates to the petitioner within a period of two (2) weeks from the date of receipt of a copy of this order.

12. This Writ Petition is disposed of, with the above observations. No costs. Index : Yes / No 01.08.2025 Internet : Yes / No apd To The Dean, Madurai Medical College, Madurai - 625 020.

6/10

C.SARAVANAN, J.

apd 01.08.2025 7/10

W.P.(MD)No.20992 of 2025 C.SARAVANAN, J.

This Writ Petition is listed today under the caption "for being mentioned" at the instance of the learned counsel for the petitioner.

2. The learned counsel for the petitioner submits that this Court, by order dated 01.08.2025, disposed of the Writ Petition by directing the respondent to hand over the original certificates to the petitioner within a period of two weeks from the date of receipt of a copy of the said order. It is now submitted that the petitioner intends to apply for P.G. Medical Counselling, which concludes on 29.08.2025. Therefore, the learned counsel prays for a suitable direction to the respondent to return the original certificates of the petitioner on or before 29.08.2025, so as to enable her to participate in the said counselling.

3. Considering the above submissions and upon perusal of the records, the Registry is directed to substitute the last line in Paragraph 11 of the order dated 01.08.2025 in W.P.(MD)No.20992 of 2025 with the following sentence:- 8/10

Therefore, there shall be a direction to the respondent to issue the above mentioned Certificates to the petitioner on or before 29.08.2025.

4. In all other respects, the order dated 01.08.2025, shall remain unaltered. Registry is directed to carry out the above said correction and issue fresh order copy forthwith to the parties concerned.

26.08.2025 smn2 Note:- Issue order copy on 26.08.2025 9/10

C.SARAVANAN, J.

smn2 26.08.2025 10/10