N THAYANANDAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In course of hearing of the contempt application, one of the questions raised was relating to proper implementation of the order of this Court dated 19.6.002 in WPMP.No.18629 OF 2002 and the order dated 26.7.2002 in Cont.Appln.No.407 of 2002. The learned counsel for the respondents had submitted that the main writ petition itself may be taken up so that if any further direction is given, the same may be implemented and it may not be necessary to pursue the contempt petition. Keeping in view such submission, on consent of the counsels, both the matters were listed together and were heard together. This common judgment shall govern the writ petition as well as the contempt petition.

(2.) In the writ petition, which has been filed in the month of April, 2002, the petitioner has prayed for a direction to the third respondent to consider the petitioner as a candidate belonging to Scheduled Caste and to grant admission to PG Degree / Diploma Courses for the year 2002-2003 Session.

(3.) The father of the petitioner originally belonged to Chakkiliyan community, which is notified as Scheduled Caste in the Presidential Order under the Constitution. Subsequently the father of the petitioner converted himself to Christian religion in the year 1966. The petitioner was born in April 1977, obviously as a Christian. Subsequently the parents, other four elder brothers of the petitioner and the petitioner himself converted to Hinduism through Ariya Samajam, Kumbakonam in Thanjavur District on 28.7.1991 and many of them changed their names after such conversion. At the time of conversion to Hinduism in 1991, the petitioner was aged about 14 years and he was a student of 9th standard. Community Certificate dated 9.9.1992 was issued by the competent authority, namely the Tahsildar, Tiruchirapalli showing that the petitioner is a member of Scheduled Caste, as per the Presidential Notification. In due course, the petitioner has completed his schooling and after passing Plus-2 examination in 1994, he applied for admission to MBBS course as Scheduled Caste candidate. He had produced his community certificate along with the application. He was selected to MBBS course as belonging to Scheduled Caste and duly completed his MBBS course in the year 2001. Subsequently, he applied for Post Graduate Medical Entrance Examination which was held on 7.4.2002 wherein he had applied as a Scheduled Caste candidate. However, in the selection list, the community of the petitioner was shown as B.C., that is to say Backward Class. In other words, at the time of the selection, the respondents treated the petitioner as a member of Backward Class and not as a member of Scheduled Caste inspite of the community certificate which had earlier been granted. At that stage, the petitioner filed the writ petition which was admitted and notice was issued. Thereafter at the time of counselling, the petitioner was treated as Backward Class and was called upon to exercise his option as a member of Backward Class and not as a member belonging to Scheduled Caste. The petitioner had raised protest at that stage and had given the option of joining D.L.O. course obviously on the basis of availability of seats for Backward Class. Thereafter the petitioner had moved application WPMP.No.18629 of 2002 for an interim order in the pending writ petition. On 19.6.2002, after hearing the learned counsel for the petitioner and the learned counsel for the State, the following order was passed :- “ . . . It appears prima facie that the community certificate had been issued in favour of the petitioner showing him as a member of the scheduled caste and the petitioner has pursued his education including the M.B.B.S. Degree as belonging to scheduled caste. At the time of selection to the Post Graduate Degree and Diploma Courses, the authorities have treated him as a member of backward classes. Prima facie, there is no justification for the above action of the respondents. It is not disputed that if the petitioner would have been treated as a member of scheduled caste, he would have been selected. In such view of the matter, without prejudice to the contentions of both parties, in the interest of justice, it is directed that the petitioner may be provisionally admitted to the appropriate Post Graduate Course. This may be done within a period of five days from the date of communication of this interim order. . .” (Emphasis now added)