JAYASITHARATHAN Vs. REGISTRAR

JUDGEMENT

(1.) Heard the learned counsel appearing for the parties. In this writ petition, the petitioner has prayed for a direction to the respondents to issue the Course Completion Certificate, Consolidate Mark Sheet and B.E. (Mech.) Certificate..

(2.) The petitioner had filed an application for admission to the Engineering Course. At that time, he was claiming that he belonged to Kattunaicken Community and therefore, a member of the Scheduled Tribe, he had given an undertaking to produce a community certificate to that effect. In the mean time, pursuant to various interim orders passed by the High Court, the petitioner has been allowed to complete the Course and to appear at the examinations. However, the petitioner is yet to furnish the community certificate. As a matter of fact, the application for issuance of such community certificate has been rejected and a separate writ petition filed by the petitioner has been remanded for fresh consideration as per separate order passed today. Learned Senior Counsel appearing for the petitioner has submitted that even assuming that the petitioner does not belong to Kattunaicken Community, he should not be deprived of the benefit of education which he has completed.

(3.) It is, of course, true that if the petitioner would not have been considered as a member of the Kattunaicken Community at the stage of admission, possibly, he would not have got admission in free seat category or may be he would have got admission in some other College. However, that would not be a sufficient ground to deprive the petitioner the benefit of education which he has completed. If a Community Certificate indicating that he belongs to Kattunaicken Community is available in future, the petitioner may get employment in the reserved category and if no such certificate is available in future, the petitioner would not get any employment in the reservation category. However, in such an event, the petitioner would be considered for employment on the basis that he does not belong to reserved category.