- (1.) THE writ petitioner is stated to have born on 8.6.1985 at Chennai and she belonged to Kondakapu community, which is a Scheduled Tribe community. It is her case that her father also belongs to the same community and he is in Railway service. It is her further case that her father's sister has also been given a community certificate by the competent authority to the effect that she belongs to Kondakapu community. THE Personal Assistant to the Collector issued a community certificate on 29.9.1998 to the petitioner denoting her community as Kondakapu, based on which she applied for MBBS course in the year 2002. In the entrance examination she stood as No,2 among the Scheduled Tribe candidates. She was selected and also joined in the third respondent Madurai Medical College in the year 2002.
(2.) IT is stated that in the routine course, the community certificate of the petitioner was sent for verification to the District Collector, Chennai. There was an enquiry conducted by the District Level Scrutiny Committee in which the father of the petitioner was directed to be present on 3.4.2003 and on enquiry, the certificate granted to the petitioner by the Personal Assistant to the Collector was cancelled on 11.6.2003 on the basis that he is not a competent person to issue certificate to a person belonging to Scheduled Tribe community. IT was against the said order the petitioner filed an appeal on 11.7.2003 before the second respondent, namely the State Level Scrutiny Committee. It is the case of the petitioner that the second respondent posted the appeal for hearing on 10.11.2003 and thereafter, there was no hearing conducted by the second respondent at all. In the meantime, the third respondent Madurai Medical College has suspended the petitioner from the College from 30.9.2003 on the ground that her community certificate has been cancelled. It was against the said order the petitioner has filed W.P.No,28190 of 2003 and this Court has granted an order of stay on 10.10.2003, which was made absolute on 9.7.2004. The first respondent has issued a general circular on 19.12.2006 stating that in respect of the candidates relating to whom the community verification report has not been received from the competent authority their Course Completion Certificates should not be issued. After issuance of the said circular, the petitioner filed W.P.No,6297 of 2007 challenging the direction of the first respondent not to issue Course Completion Certificate in those cases in which the issue of Community Certificate is pending, on the basis that there was no fault on her part and that the appeal is pending before the first respondent. The said writ petition came to be disposed of on 21.2.2007 with various directions, including a direction to the second respondent to dispose of the appeal filed by the petitioner dated 11.7.2003 on or before 31.3.2007. Even thereafter, according to the petitioner the appeal has not been disposed of by the second respondent and she has also made another representation on 26.11.2008 and there was no reply.
(3.) IN the meantime, the petitioner has completed her M.B.B.S. course, including CRRI training. She has also applied for admission to Post Graduation course. Since the respondents are refusing to issue Course Completion Certificate, this writ petition is filed for a direction against respondents 1 and 3 to issue the Course Completion Certificate to the petitioner in respect of her completion of MBBS Course and CRRI Training during the period of 2002 to October, 2008 at the 3rd respondent Madurai Medical College. By G.O.(2D) No.108, Adi Dravidar and Tribal Welfare (CV-1) Department, dated 12.9.2007, the Government has now clarified that as far as the issuance of the community certificate to the Scheduled Tribe Community is concerned, the competent authority is the State Level Scrutiny Committee, namely the second respondent, before whom the appeal filed by the petitioner dated 11.7.2003 is pending.;