Madras High Court
Aparna Rajendra Kumar vs The Secretary on 31 July, 2018
Author: S.Manikumar
Bench: S.Manikumar, Subramonium Prasad
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 31.07.2018 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD Writ Appeal No.1512 of 2018 C.M.P.Nos.12110 and 12111 of 2018 Aparna Rajendra Kumar .... Appellant vs. The Secretary, Selection Committee, Admission to MBBS/BDS Courses 2018-19 Session, Directorate of Medical Education, Kilpauk, Chennai 600 010. .... Respondent Writ Appeal filed under clause 15 of the Letters, against the order of the writ court, dated 06.07.2018 made in W.P.No.16223 of 2018. For Appellant : Mrs.Nalini Chidambaram (SC) for Mrs.C.Uma For Respondent : Mr.Manishankar Additional Advocate General assisted by Mr.T.N.Rajagopalan, Government Pleader and Mr.K.Krishnamoorthy, Government Advocate - - - - - JUDGMENT
(Judgment of this Court was made by S.MANIKUMAR, J) Challenge in this writ appeal is to an order dated 06.07.2018 made in W.P.No.16223 of 2018.
2. It is the case of the appellant that she was born in Chennai and native, Tamil Nadu. Her father was employed as a Scientist in the Institute of Plasma Research, an aided concern of Department of Atomic Energy, Gujarat, wherein she had to undergo her education. Her father is presently working as Scientific Officer (G) in the above Research Institute. She had commenced and completed her schooling in Gujarat, because of the employment of her father. She had secured 531 marks, out of 700 and her overall percentage is 92.97% in the Secondary Education Board, Gujarat. Being native of Tamil Nadu and having taken part in the National Eligibility-cum-Entrance Test (NEET), she had applied for selection to MBBS course, under the Tamil Nadu State Quota.
3. The appellant has further submitted that on the basis of scrutiny and with reference to her claim for admission in Tamil Nadu, her application was verified and she was assigned Registration No.40005816. Since she was residing with her parents, she had mentioned her Gujarat address, sequel to which, Centre was assigned at Gandhi Nagar, Ahmedabad. She took part in NEET eligibility test and secured 500 out 720. She belongs to Vadugar community, classified as Backward Class.
4. The appellant has further submitted that Clause 3 of the prospectus, describes 'Nativity' and she has satisfied the same, by submitting the following conditions, viz.,
(i) Candidate should be native of Tamil Nadu
(ii) Candidate who have applied for NEET UG-2018 as a person from other State cannot claim as a Native of Tamil Nadu.
(iii) Candidate who are native of Tamil Nadu, but studied from Standard VI to Standard XII outside Tamil Nadu either partly or completely in one or more States should produce the true copies of their parent's certificates such as Birth Certificate/SSLC/10th/12th/ Degree/Diploma/Professional course and Ration Card/Passport to substantiate their place of birth in Tamil Nadu, to establish the relationship between the parent and the candidate along with the Nativity Certificate of the candidate. Otherwise, they will be considered under open category.
(iv) It is made clear that the candidate should have applied for NEET UG-2018 as a candidate of Tamil Nadu.
5. The appellant has further submitted that the respondent published the rank list on 28.06.2018, in which, her name has been omitted, despite having obtained 500 marks and upon enquiry, she came to know that since the address for communication and that of the centre, where she took her examination were at Gujarat, her merit claim seems to have been omitted to be considered, when the fact remains that she had submitted her application as Native of Tamil Nadu and to the said effect, she had fortified her claim by producing her nativity Certificate, as well as that of the parents. Despite production of all the documents, her claim has not been considered at the appropriate place, for assignment of ranking, as per her marks obtained in NEET.
6. According to the appellant, as per the prospectus, as many as 10 documents by the candidate and around 7 to 8 documents by the parents, are to be submitted for the purpose of consideration. A perusal of those requirements would go to show that appellant's claim shall merit consideration, on the following, inter alia,
(i) Nativity Certificate of having born and resided at Door No.2/7, Subramaniya Street, Perambur, Chennai.
(ii) Nativity Certificate to establish that having studied from 6th to 12th standard outside Tamil Nadu, in another State, but the Birth Certificate exhibits that she was born on 10.2.2001 at Chetput, Chennai.
(iii) Community Certificate issued by the Competent Authority of Perambur Taluk, Chennai.
7. The appellant has further submitted that as per the eligibility criteria, prescribed in the prospectus, her claim ought to have been considered, as a candidate of Native of Tamil Nadu, since she is in possession of (a) Birth Certificate from Chennai, (b) Nativity Certificate from Tamil Nadu, (c) Parents Nativity Certificate with other qualification as required, such as, 10th standard, higher secondary, bonafide certificate, transfer certificate, community certificate, old passport, relationship of parent and candidate, apart from NEET Hall ticket and NEET Score Card with further fortification of her claim in the application, which she had made and applied for NEET examination, being that of her claim to be subjected only to Tamil Nadu alone, except for the address for communication at Gujarat, since living with her parents and not with that of her Grandparent at Chennai and hence, non-consideration of her claim under Tamil Nadu quota, with reference to the Nativity, resulting in denial of admission is arbitrary.
8. According to the appellant, admittedly, her application for consideration is for Tamil Nadu State alone and she had not claimed nativity from anyother State. Even though, she had her education, in the State other than Tamil Nadu, and therefore claim of the petitioner ought to have been considered, only on the basis of her nativity, Tamilnadu.
9. On the above averments appellant has filed W.P.No.16223 of 2018, for a Mandamus, directing the respondent to forthwith consider her claim, for admission to MBBS/BDS Course, for the year 2018-19 Session, on the basis of her nativity certificate, without reference to the address of communication and to permit her to join, commence and complete her MBBS/BDS Course.
10. Appellant has been granted admission to MBBS Course, and allotted a seat in Stanley Medical College, Chennai, Tamilnadu. After hearing the learned counsel for the parties, Writ Court, vide order, dated 06.07.2018, in W.P.No.16223 of 2018, held as follows:
"2. It is brought to the attention of this Court by the respondent that the petitioner has already applied in Gujarat and there is clear prohibition in the Prospectus of Tamil Nadu to enable the candidate/student/petitioner to appear for the counselling. It is very unfortunate that the petitioner in paragraph 9 has stated as follows:
"9. The petitioner further submits that admittedly her application for consideration is only from the Tamil Nadu State and she had not claimed any nativity from any other State, so to say there had been no claim of dual nativity as because her application itself is and was for Tamil Nadu. At this juncture the petitioner on legal advice asserts and confines that her claim is to be considered only for Chennai, Tamil Nadu based on her nativity and she shall stake no claim of nativity anywhere else or any other State, even though she had her education other than Tamil Nadu, thereby the claim of the petitioner has to be considered only on the basis of her nativity."
3. It is very unfortunate that the petitioner/candidate has come before this Court with false statement as seen from paragraph 9 extracted supra. The petitioner has come before this Court with unclean hands. In this regard, the Supreme Court and this Court held that the petitioner will not be entitled to the relief, if he/she comes to Court with unclean hands, as is evident from the following decisions:
(i) 1993 (1) MLJ 26 = 1992 Writ L.R. 716 (Madras High Court) (Tamil Selvan Vs. The State of Tamil Nadu);
(ii) 1983 (3) SCC 333 = AIR 1983 SC 622 = MANU/SC/0054/1983 (Dr.Vijay Kumar Kathuria and another Vs. State of Haryana and others) and
(iii) 1994 (1) LW 21 (SC) = 1994 (1) SCC 1 (S.P.Chengalvaraya Naidu Vs. Jagannath).
4. Though strictures could be passed against the petitioner for approaching this Court with unclean hands, this Court defers from doing so, taking note of the tender age and that, being a girl child, her future should not be ruined. Hence, the petitioner's candidature at Tamil Nadu need not be considered.
5. If any allotment has been granted to the student, it shall stand automatically cancelled without an order being passed by the respondent. If for any reason, the candidate is allowed to continue the course in this State, then the degree that may be obtained, is not a valid one and the students like the petitioner herein, may, by fraudulently obtain the interim order and complete the course and would try to take advantage and ensure that the Court renders a finding at a later date that since the petitioner has completed the course, the degree obtained need not be disturbed. This gives a wrong signal, more particularly when the Court is taken for a ride and genuine students are deprived of the seat. In this case, under clandestine method, the seat due to any other student, is tried to be grabbed by the petitioner.
6. I find that there is no reason to grant the relief sought for by the petitioner. Accordingly, the Writ Petition is dismissed."
11. Aggrieved by the same, present writ appeal has been filed.
12. Mrs.Nalini Chidambaram, learned Senior counsel for the appellant submitted that Writ Court in dismissing the Writ Petition, without reference to the relevant clauses in the Prospectus issued by the respondent, but merely based on the statement of the learned counsel for the respondent that the appellant/writ petitioner has already applied in Gujarat and that there is a clear prohibition in the prospectus of Tamil Nadu, to enable the candidate/student/petitioner to appear for counselling; that the writ court failed to appreciate the scope of the relevant clauses in the Prospectus. As per clause 3 of the Prospectus dealing with NATIVITY, the appellant is eligible to apply as Native of Tamil Nadu. The appellant did not apply in Gujarat, as native of Gujarat, but only as Domicile of Gujarat.
13. Learned Senior Counsel for the appellant further submitted that the writ court failed to appreciate that the words DOMICILE and NATIVITY, are different. Domicile/Residence certificate as seen from india.gov.in is generally issued to prove that the person bearing the Certificate is a Domicile/Resident of the State/UT by which a certificate is issued. This certificate is required as proof of residence to avail Domicile/Resident Quotas in the educational institutions and in Government Service, as also, in case of jobs where local residents are preferred. "Nativity Certificate" as published in the digitalindia.gov.in is a document issued by State Governments in India through this service, certifying the Indian origin of an applicant who is or whose relations such as parents/grandparents etc lived in that particular state. Thus the appellant satisfied the criteria for nativity Certificate and obtained nativity certificate from the Zonal Deputy Tahsildar, Perambur, Chennai.
14. Learned Senior Counsel for the appellant further contended that the Writ court failed to appreciate that the appellant did not claim dual nativity and hence satisfied the NATIVITY CRITERIA for Tamil Nadu, as set out, in the prospectus. Had the appellant applied, as native of both Tamil Nadu and Gujarat, she could be stated to have violated clause 3 of the prospectus. Writ court perused all the necessary documents for claiming nativity in Tamil Nadu. Appellant never claimed nativity in Gujarat, as she is not native of Gujarat and also did not make any claim, for admission as native of Gujarat.
15. Admittedly, the appellant did not claim nativity of Gujarat, but applied for admission as native of Tamil Nadu. Since the appellant did not pursue her application for MBBS seat, as Domicile in Gujarat, she did not refer to the said fact in her affidavit on legal advice and not with any intention to suppress any fact, as there was no fact, against her. Having applied in Gujarat as Domicile, she has not claimed Nativity of Gujarat, and having not pursued the application in Gujarat, Domicile and not claimed nativity of States, observations of the Writ Court, in paragraph 9 of the order that the appellant has come to Hon'ble Court with unclean hands, would cause prejudice and hardship to the appellant. Learned senior counsel for the appellant prayed to set aside the order of the writ court.
16. In support of her contentions, learned Senior counsel invited the attention of this Court, to the domicile certificate dated 30.05.2018, issued by the Deputy Commissioner of Police Control Room, Ahmedabad City, and submitted that the said certificate was enclosed, only to clarify that the appellant's place of residence was Gujarat and it is not presented a document to prove Nativity.
17. Inviting the attention of this Court, to the application form submitted to MBBS/BDS Courses for the year 2018-19, Mrs.Nalini Chidambaram, learned Senior Counsel for the appellant had further submitted that as against Column No.7, Nativity, she has specifically stated, Tamil Nadu as Nativity and also encircled No.1.
18. Mrs.Nalini Chidambaram, learned Senior Counsel for the appellant further submitted that the contention of the respondent before the Writ Court, that there was a clear prohibition in the prospectus of Tamil Nadu, that a candidate cannot apply for admission to MBBS course, in other States, is erroneous, and on the contra, it is her submission that candidate can apply for admission, in more than one State.
19. According to the learned Senior counsel, as per Clause 3(k) of the prospectus for admission to MBBS/BDS course in Tamil Nadu Medical/Dental Colleges and Government Seats in Self Financing Medical / Dental colleges, affiliated to Tamil Nadu Medical University-2018-19, "Even if he/she has got an option to apply in more than one State, and if the candidate apply in Tamil Nadu, as native of Tamil Nadu, he/she cannot apply to any other state showing that state as Native.
20. Learned Senior counsel for the appellant further submitted that when there was no material suppression or false statement, discernible from what was averred in paragraph No.9 of the supporting affidavit to the writ petition, put against, the appellant and when the domicile certificate, only indicated residence and not Nativity, Writ Court, erred in holding that the petitioner had approached this Court with a false statement and with unclean hands and thus not entitled to the relief sought for.
21. Inviting the attention of this Court, the certificate dated 06.10.2017, issued by the Zonal Deputy Tahsildar, Perambur Taluk, Chennai District, learned Senior counsel submitted that the appellant Aparna, is native Tamilnadu.
22. Referring to the Birth Certificate dated 17.08.2017, learned Senior Counsel for the appellant submitted that the appellant was born on 10.02.2001 in Joseph Nursing Home, Chetpet, 10-A DR Gurusamy Salai Chennai, and that the birth was registered on 19th February 2001. The said Birth Certificate would reveal that the appellant was native of Tamil Nadu.
23. In the abovesaid circumstances, learned senior counsel for the appellant submitted that when there was no claim of dual nativity, respondent has erred in invoking Clause 3(k) of the prospectus, Writ Court ought to have issued a Mandamus as prayed for.
24. Inviting the attention of this Court to Clause 3(k) of the prospectus, Mr.C.Manishankar, learned Additional Advocate General for the respondent submitted that data-sheet furnished by Government of India, revealed that the appellant had applied for admission to medical colleges in Gujarat and simultaneously, applied for admission to the institutions in Tamil Nadu claiming herself to be native of Tamil Nadu. According to him, she cannot apply for admission in more than one State and therefore, her candidature has to be rejected, in termsof Clause 3(k) of the prospectus, which has been done. Clause 3(l) of the prospectus reads thus:-
(l) If it is found that the candidate has applied as a native of any other State other than Tamil Nadu then the admission will be cancelled at any stage."
25. During the course of hearing of the instant appeal, for a specific question posed to the learned Additional Advocate General, as to what were the materials, considered by the Selection Committee, Directorate of Medical Education, Kilpauk, Chennai, learned Additional Advocate General submitted that except the above, there was no other document. Submission of the learned Additional Advocate General is placed on record.
26. From the submission of the learned Additional Advocate General, it could be deduced that the only material document considered by the Selection Committee, to invoke Clauses 3(k) and 3(l) of the prospectus was the data sheet, said to have been received by the Selection Committee, Directorate of Medical Education, Tamilnadu.
27. Rebutting the said submission, Mrs.Nalini Chidambaram, learned senior counsel for the appellant submitted that in the application form submitted to the Selection Committee, Directorate of Medical Education, the candidate has specifically stated that she is a native of Tamil Nadu and according to her, clause 3(k) is not applicable to the case on hand.
28. Heard the learned Senior counsel, appearing for both parties and perused the materials available on record.
29. From the application form submitted to the Selection Committee for Admission to MBBS/BDS course, for the year 2018-19, it could be seen that the appellant Aparna Rajendra Kumar has enclosed the following documents:
1) Application Form for Government Medical/Dental Colleges and Government seats in self-financing Medical/Dental colleges;
SELECTION Application No: 139558 COMMITTEE APPLICATION ADMISSION TO MBBS/BDS COURSES 2018-2019 SESSIONCOMMON APPLICATION FORM FOR GOVERNMENT MEDICAL/ DENTAL COLLEGES
AND GOVERNMENT SEATS IN SELF-FINANCING MEDICAL/ DENTAL COLLEGES.
SELECTION COMMITTEE, DIRECTORATE OF MEDICAL EDUCATION, KILPAUK, CHENNAI 10.
Column No.7: Nativity (Encircle a Code) 1.Tamil Nadu ; 2.Others
2) CBSE - National Eligibility cum Entrance Test (UG) - 2018 Result
3) Provisional Admit Card for NEET (UG)
4) Grade sheet cum certificate of performance obtained by the appellant in Secondary School Examination
5) Statement of Marks - Higher Secondary Certificate Examination
6) School Leaving Certificate of the appellant issued by the New Tulip International School, is extracted hereunder:-
THE NEW TULIP INTERNATIONAL SCHOOL Sterling City, Bopal, Ahmedabad - 380058.
Telephone : 02717 329210 Fax: 02717 231959 Email : [email protected] Website : thetulipschool.com SCHOOL LEAVING CERTIFICATE SSC index no.51.288 HSC index no.02.216 Sr.No. 790 G.R.No.520 Name of the Pupil KUMAR APARNA RAJENDRA KUMAR Father's Name RAJENDRAKUMAR Mother's Name DR.SUBA Caste & Sub Caste INDIAN OBC Boy/Girl GIRL Date of Birth (in words) 10.2.2001 (TENTH FEBRUARY TWO THOUSAND ONE) Place of Birth CHENNAI Last School Attended DIVYAPAHT CAMPUS - MEMNAGAR Date of Admission 18 MAY 2017 IN GRADE TWELVE Date of Leaving School MAY 2018 Grade in which Studying Std XII Since JUNE 2017 Progress GOOD Conduct GOOD Attendance REGULAR Reason for leaving SENT UP FOR XII BOARD EXAM MARCH 2018 Remarks SEAT NO B 233781 SID NO.18V-711 296 (Certified that the above information is in accordance with the School Register. This Certificate is issued without over writing and eraser). Date : 10 MAY 2018.
PRINCIPAL / ADMINISTRATIVE HEAD THE NEW TULIP INTERNATIONAL SCHOOL STERLING CITY, BOPAL, AHMEDABAD - 380 058.
7) Community Certificate issued by the Government of Tamil Nadu, is extracted hereunder:
"R.Dis: 1111 / 06-12-2017 District Code : 0-2 Taluk Code : 0-3 Certificate No: AFAB6E686A687D86 Village Code : 0-0-8 COMMUNITY CERTIFICATE
This is to certify that R APARNA daughter of RAJENDRAKUMAR residing at Door No 2/7 Subramani Street Perambur, Street, Perambur (Part 3) Village / Town of Perambur Taluk of Chennai District of the State of Tamil Nadu belongs to Vadugar Community, which is recognized as a Backward Class as per Government Order (Ms.) No. 28, Backward Classes and Most Backward Classes Welfare, dated 19th July 1994 vide Serial No.25.
It is certified that Selvi. R APARNA and her family ordinarily reside(s) at Door No.2/7, Subramani Street Perambur Street, Perambur (Part 3) Village / Town of Perambur Taluk of Chennai District of Tamil Nadu.
Digital Signature : 06-12-2017 Name: Ilavarasu M Designation : Zonal Deputy Tahsildar Place : Perambur Taluk, Chennai District Remarks:
1.The certificate was printed on 2:53:29 PM at hrs.
2.For Further certificate confirmation and details, you may approach the Tahsildar concerned."
8) Nativity Certificate issued by the Government of Tamil Nadu, is extracted hereunder:-
NATIVITY CERTIFICATE This is to certify that Selvi.R.APARNA, daughter of Thiru RAJENDRAKUMAR, residing at Door No.2/7 Subramani Street, Perambur is a native of Perambur (Part 3) village/Town of Perambur Taluk of Chennai District, Tamil Nadu State.
Digital Signature: 6/10/2017 Time 1:50:12 p.m. Name: Ilavarasu M Designation : Zonal Deputy Tahsildar Place: Perambur Taluk, Chennai District.
Remarks:
1. This certificate was printed on 4:40:44 p.m at hrs.
2. Further certificate confirmation and details, you may approach Tahsildar concerned.
9) Birth Certificate issued by Greater Chennai Corporation, is extracted hereunder:-
GREATER CHENNAI CORPORATION DEPARTMENT OF PUBLIC HEALTH FORM-NO.5 See rule 8 BIRTH CERTIFICATE ISSUED UNDER SECTION 12/17 OF REGISTRATION OF BIRTH AND DEATH ACT 1969 This is to certify that the following information has been taken from the original record of birth of the Greater Chennai Corporation of the State of Tamil Nadu, India.
Zone 05 Division 072 Name R.APARNA Sex Female Date of Birth 10-FEB-2001 Name of The Mother C.SUBA Name of The Father E.RAJENDRA KUMAR Address of Parents at the time of Birth of The Child CHENNAI Place of Birth JOSEPH NURSING HOME CHETPET, 10-A DR.GURUSAMY SALAI CHENNAI - 600031 Permanent Address of the Parents CHENNAI Registration Number COC/2001/05/072/000142/1 Date of Registration 19-FEB-2001 Remarks Date of Issue 24-JUN-2018 Dr.N.A.Senthilnathan, M.B.B.S., D.P.H. City Health Officer (i/c) Greater Chennai Corporation"
10) Certificate of Birth issued under Section 12/17 of the Registration of Births and Deaths Act, 1969, is extracted hereunder:-
(See Rule - 9) FORM No.9 GOVERNMENT OF TAMIL NADU DEPARTMENT OF LOCAL ADMINISTRATION DINDIGUL MUNICIPALITY Certificate of Birth issued under Section 12/17 of the Registration of births and deaths Act 1969. This is to certify that the following information has been taken from the original record of birth which is in the Register for BIRTH registration division I (Local Area) of Dindigul Municipality of Dindigul District of State Tamil Nadu.
Name C.Suba
Sex Female
Date of Birth 18/11/74
Registration No. 1574/74
Date of Registration 13.12.74
Place of Birth Jeganath Nursing Home
Name of the Father/Mother Chenniamalai/Lakshmi
Permanent Address of
Father/Mother Narayana Nagar
Nationality Indian
Commissioner
Municipal Office
Dindigul
(Signature of Issuing Authority)
11) Birth certificate of the father of the appellant issued by Corporation of Chennai, is extracted hereunder:-
GREATER CHENNAI CORPORATION DEPARTMENT OF PUBLIC HEALTH FORM NO.5 See Rule 8 BIRTH CERTIFICATE (Issued under Section 12/17 of Registration of Birth and Death Act, 1969) This is to certify that the following information has been taken from the original record of birth of the Greater Chennai Corporation of the State of Tamil Nadu, India.
ZONE HQ DIVISION 086
Name
Sex Male
Date of Birth 01-JAN-1970
Name of the Mother ANDAL
Name of the Father ELLAPPAN
Address of parents at the time of
Birth of the child
Place of Birth Hospital: KG Hospital, Triplicane
Madras 600 005.
Permanent Address of the parents 31 Kondithope, Police line, Madras 1 Registration Number COC/1970/HQ/086/000038/0 Date of Registration 12-JAN-1970 Remarks Date of Issue 17-AUG-2017 Dr.N.A.Senthilnathan, MBBS, DPH City Health Officer (i/c) Greater Chennai Corporation
12) Birth certificate of the mother of the appellant issued by Dindigul Municipality, is extracted hereunder:-
(See Rule - 9) FORM No.9 GOVERNMENT OF TAMIL NADU DEPARTMENT OF LOCAL ADMINISTRATION DINDIGUL MUNICIPALITY Certificate of Birth issued under Section 12/17 of the Registration of births and deaths Act 1969.
This is to certify that the following information has been taken from the original record of birth which is in the Register for BIRTH registration division I (Local Area) of Dindigul Municipality of Dindigul District of State Tamil Nadu.
Name C.Suba
Sex Female
Date of Birth 18/11/74
Registration No. 1574/74
Date of Registration 13.12.74
Place of Birth Jeganath Nursing Home
Name of the Father/Mother Chenniamalai/Lakshmi
Permanent Address of Father/Mother Narayana Nagar
Nationality Indian
Commissioner
Municipal Office
Dindigul
(Signature of Issuing Authority)
13) Appellant's passport copy, is extracted hereunder:-
REPUBLIC OF INDIA
Type: P Country Code: IND Passport No.L2689899
Surname:
Given Name (s): APARNA RAJENDRA KUMAR
Nationality : INDIAN Sex:F Date of Birth : 10/02/2001
Place of Birth: CHENNAI, TAMIL NADU
Place of Issue: AHMEDABAD
Date of Issue: 15.07.2013 Date of expiry: 14.07.2018
P<IND<<APARNA<<RAJENDRA<KUMAR<<<<<<<<
L2689899<0IND0102100F1807147<<<<<<<<<<<8
14) Appellant father's passport copy, is extracted hereunder:-
REPUBLIC OF INDIA
Type: P Country Code: IND Passport No.Z1738039
Surname : ELLAPPAN
Given Name (s): RAJENDRA KUMAR
Nationality : INDIAN Sex:M Date of Birth : 01/01/1970
Place of Birth: CHENNAI, TAMIL NADU
Place of Issue: AHMEDABAD
Date of Issue: 20/12/2010 Date of expiry: 19/12/2020
P<IND<ELLAPPAN<<RAJENDRA<KUMAR<<<<<<<<<
Z1738039<8IND7001017M2012191<<<<<<<<<<<8
15) Appellant mother's passport copy, is extracted hereunder:-
REPUBLIC OF INDIA
Type: P Country Code: IND Passport No.L3311688
Surname:
Given Name (s): SUBA RAJENDRA KUMAR
Nationality : INDIAN Sex:F Date of Birth : 14/03/1975
Place of Birth: DINDIGUL, TAMIL NADU
Place of Issue: AHMEDABAD
Date of Issue: 12/08/2013 Date of expiry: 11/08/2023
P<IND<<SUBA<<RAJENDRAKUMAR<<<<<<<<<<<<<
L3311688<5IND7505146F2308113<<<<<<<<<<<2
16) SSLC Mark sheet of appellant's father.
17) 12th Mark sheet of appellant's father, is extracted hereunder:-
CERTIFICATE S.NO.A0996908 DEPARTMENT OF GOVERNMENT EXAMINATIONS, MADRAS - 600 006 HIGHER SECONDARY COURSE CERTIFICATE GENERAL EDUCATION ISSUED UNDER THE AUTHORITY OF THE GOVERNMENT OF TAMIL NADU Certified that RAJENDRA KUMAR.E appeared for the MAR.1987 Higher Secondary Examination and obtained the following percentage of marks:
SUBJECT MARKS TAMIL 162 ONE SIX TWO ENGLISH 155 ONE FIVE FIVE PHYSICS 160 ONE SIX ZERO CHEMISTRY 142 ONE FOUR TWO BIOLOGY 166 ONE SIX SIX MATHEMATICS 168 ONE SIX EIGHT TOTAL MARKS 0953 ZERO NINE FIVE THREE DATE OF BIRTH REGISTER NO TMR CODE NO. & DATE 01.01.1970 761153 G126643 03.06.87 SCHOOL ST GABRIELS HSS BROADWAY MS108 MINIMUM FOR A PASS: 70 MARKS OUT OF 200 IN EACH SUBJECT. THIS INCLUDES PASSING UNDER THE COMPARTMENTAL SYSTEM ALSO.
Sd/-
Secretary BOARD OF HIGHER SECONDARY EXAMINATION Candidate's Signature: sd/-
18) Community certificate of C.Suba, mother of the appellant, is extracted hereunder:-
COMMUNITY CERTIFICATE This is to certify that C.Suba, daughter of Thiru.L.Chinnimalai of Thamaraikulam Village/Town Periyakulam Taluk, Madurai District of the State of Tamil Nadu, belongs to HINDU VADUGAR community, which is recognised as a Backward Class, as per G.O.Ms.No.2421 S.W.Department, dated 28/3/1989, Vide Sl.No.30.
2. It is certified that C.Suba and her family ordinarily reside at Lakshmipuram village/town Periyakulam Taluk Madurai District of the State of Tamil Nadu.
Signature:
Date:
Name in Capital letters:S.Gopalakrishnan Designation: Special Deputy Tahsildar (Certificate) Periyakulam
19) Community certificate of father of the appellant is extracted hereunder:-
gK/ ,4/17483-87 g[uirthf;fk; ? bguk;g{h; tl;lk;.
brd;id ? 11/ ehs;/ 18?6?87 rhjpr; rhd;wpjH;
brd;id 39 bguk;g{h; Rg;gpukzpa efh; VOC bjUtpypUf;Fk; vz;/ 7 tPl;oy; trpf;Fk; jpU/ vy;yg;gd; mth;fspd; Fkhuh; - Fkhuj;jp E.uhn$e;jpu Fkhh; ,e;J tLfd; rhjpia nrh;e;;jth; vd;Wk; nkw;go rhjp jkpH; ehL muR fy;tp tpjpKiwg;go m';fPfhpf;fg;gl;l jhH;j;jg;gl;l tFg;gpdh; - kiyr;rhjp tFg;gpdh; - gpw;gl;l tFg;gpdh; gl;oaypy; nrh;f;fg;gl;Ls;sJ vd;W rhd;wspf;fg;gLfpwJ/ tl;lhl;rpah;
g[uirthf;fk; bguk;g{h; tl;lk;
brd;id
20) B.Sc. degree certificate of father of the appellant, is extracted hereunder:-
UNIVERSITY OF MADRAS FACULTY OF SCINENCE The Senate of the UNIVERSITY OF MADRAS hereby makes known that RAJENDRA KUMAR E. has been admitted to the Degree of Bachelor of Science, he having been certified by duly appointed examiners to be qualified to receive the same in Physics and was placed in the First Class, at the examination held in March, 1990.
Chepauk Chennai.
Dated: 31/1/1991
21) M.Sc. degree certificate of father of the appellant, is extracted hereunder:-
UNIVERSITY OF MADRAS FACULTY OF SCIENCE The Senate of the UNIVERSITY OF MADRAS hereby makes known that E.RAJENDRA KUMAR has been admitted to the Degree of Master of Science, he having been certified by duly appointed Examiners to be qualified to receive the same in Physics and was placed in the First class, at the examination held in April 1992.
Chepauk, Chennai.
Dated: 29/12/1992
22) SSLC Mark sheet of Mrs.C.Suba, mother of the appellant, is extracted hereunder:-
Certificate S.No.A4857587 DEPARTMENT OF GOVERNMENT EXAMINATIONS, MADRAS 600 006 SECONDARY SCHOOL LEAVING CERTIFFICATE X STANDARD - NEW PATTERN ISSUED UNDER THE AUTHORITY OF THE GOVERNMENT OF TAMIL NADU Certified that C.SUBA appeared for the APR 1990 SSLC Public Examination and obtained the following percentage of marks:
SUBJECT MARKS TAMIL 78 SEVEN EIGHT ENGLISH 88 EIGHT EIGHT MATHEMATICS 98 NINE EIGHT SCIENCE 90 NINE ZERO HISTORY & GEOGRAPHY 89 EIGHT NINE TOTAL 443 FOUR FOUR THREE DATE OF BIRTH 14.05.1975 REGISTER NO.
075639 TMR CODE No. & DATE A069100 18.06.1990 SCHOOL NADAR SARASWATHI G.H.S.S., Theni
--------------------------------------------------
A PASS IN THE SSLC (X STD) EXAMINATION REQUIRES A MINIMUM OF THIRTY FIVE PERCENT OF MARKS IN EACH ON EOF THE FIVE SUBJECTS. THIS INCLUDES PASSING UNDER THE COMPARTMENTAL SYSTEM ALSO.
Secretary BOARD OF SECONDARY EDUCATION TAMIL NADU Candidate's Signature:
23) 12th Mark sheet of Mrs.C.Suba, mother of the appellant, is extracted hereunder:-
CERTIFICATE S.NO.A0144792 DEPARTMENT OF GOVERNMENT EXAMINATIONS, MADRAS - 600 006 HIGHER SECONDARY COURSE CERTIFICATE GENERAL EDUCATION ISSUED UNDER THE AUTHORITY OF THE GOVERNMENT OF TAMIL NADU Certified that C. SUBA appeared for the MAR.1992 Higher Secondary Examination and obtained the following percentage of marks:
SUBJECT MARKS TAMIL 169 ONE SIX NINE ENGLISH 151 ONE FIVE ONE PHYSICS 195 ONE NINE FIVE CHEMISTRY 183 ONE EIGHT THREE BIOLOGY 191 ONE NINE ONE MATHEMATICS 175 ONE SEVEN FIVE TOTAL MARKS 1064 ONE ZERO SIX FOUR DATE OF BIRTH REGISTER NO TMR CODE NO. & DATE 14/05/75 697185 G037833 20.05.1992 SCHOOL NS G HSS THENI MINIMUM FOR A PASS: 70 MARKS OUT OF 200 IN EACH SUBJECT. THIS INCLUDES PASSING UNDER THE COMPARTMENTAL SYSTEM ALSO.
Sd/-
Secretary BOARD OF HIGHER SECONDARY EXAMINATION Candidate's Signature: sd/-
24) BDS certificate of Mrs.C.Suba, mother of the appellant, is extracted hereunder:-
TAMIL NADU GOVERNMENT DENTAL COLLEGE AND HOSPITAL CHENNAI 600 003.
GRADUATION CERTIFICATE This certificate of graduation of Bachelor of Dental Surgery (BDS) is given to Dr.C.Suba on the occasion of the Graduation Day Celebrations on 6/1/99.
Principal Tamil Nadu Government Dental College & Hospital Chennai 600 003.
Dated: 6/1/99.
25) Bonafide certificate issued to the appellant by Prakash Higher Secondary School, Ahmedabad.
26) Bonafide certificate issued to the appellant by Divyapath Science School, Ahmedabad.
27) Bonafide certificate issued to the appellant by the New Tulip International School.
28) Certificate issued by the New Tulip International School
29) 12th Hall Ticket of the appellant
30) Aadhar Card of the appellant, is extracted hereunder:-
Unique Identification Authority of India GOVERNMENT OF INDIA Enrollment No.2141/43464/76531 To Aparna R.Kumar 403 binori-monela near sandesh press bodakdev Ahmedabad city Bodakdey Ahmadabad City Ahmedabad Gujarat 380 054 9925616410 Your Aadhaar No. 3124 8355 0498
31) Pre-Despatch check list for the use of the appellant
32) Application cover for admission to MBBS/BDS Degree course.
Regd.Post / Speed Post/Courier Service/By Person Application No.139558 APPLICATION FORM FOR ADMISSION TO MBBS/BDS DEGREE COURSE IN GOVERNMENT MEDICAL /DENTAL COLLEGES & GOVERNMENT QUOTA SEATS IN SELF-FINANCING MEDICAL /DENTAL COLLEGES IN TAMIL NADU FOR 2018-2019 SESSION From: (Candidate's Mailing Address) To Aparna Rajendra Kumar, The Secretary, 403, Binori-Moneta, Selection Committee, Bodakdev, Ahmedabad, No.162, Periyar E.V.R.High Road, Gujarat. Kilpauk, Chennai 600 010.
Pin Code:380 054.
30. At this juncture, we deem it fit to reproduce the documents, enclosed along with the application submitted by the appellant, and considered by the Selection Committee, Medical Education Department, Tamilnadu, to grant admission to the appellant to a seat in Government Medical College, Stanley Medical College, Chennai, treating her as native of Tamilnadu:-
1) Application Form for Government Medical/Dental Colleges and Government seats in self-financing Medical/Dental colleges.
2) CBSE - National Eligibility cum Entrance Test (UG) - 2018 Result
3) Provisional Admit Card for NEET (UG)
4) Grade sheet cum certificate of performance obtained by the appellant in Secondary School Examination
5) Statement of Marks - Higher Secondary Certificate Examination
6) School Leaving Certificate of the appellant issued by the New Tulip International School.
7) Community Certificate issued by the Government of Tamil Nadu.
8) Nativity Certificate issued by the Government of Tamil Nadu.
9) Birth Certificate issued by Greater Chennai Corporation.
10) Certificate of Birth issued under Section 12/17 of the Registration of Births and Deaths Act, 1969.
11) Birth certificate of the father of the appellant issued by Corporation of Chennai.
12) Birth certificate of the mother of the appellant issued by Dindigul Municipality.
13) Appellant's passport copy.
14) Appellant father's passport copy.
15) Appellant mother's passport copy.
16) SSLC Mark sheet of appellant's father.
17) 12th Mark sheet of appellant's father.
18) Community certificate of C.Suba, mother of the appellant.
19) Community certificate of father of the appellant.
20) B.Sc. degree certificate of father of the appellant.
21) M.Sc. degree certificate of father of the appellant.
22) SSLC Mark sheet of Mrs.C.Suba, mother of the appellant.
23) 12th Mark sheet of Mrs.C.Suba, mother of the appellant.
24) BDS certificate of Mrs.C.Suba, mother of the appellant.
25) Bonafide certificate issued to the appellant by Prakash Higher Secondary School, Ahmedabad.
26) Bonafide certificate issued to the appellant by Divyapath Science School, Ahmedabad.
27) Bonafide certificate issued to the appellant by the New Tulip International School.
28) Certificate issued by the New Tulip International School
29) 12th Hall Ticket of the appellant.
30) Aadhar Card of the appellant.
31) Pre-Despatch check list for the use of the appellant
32) Application cover for admission to MBBS/BDS Degree course.
31. In the confirmation of on-line application submitted to NEET (UG), 2018, the appellant has stated that she belongs to Tamil Nadu and in the application submitted to the Selection Committee, Directorate of Medical Education, Kilpauk, Chennai 10, against column No.7 (Nativity) she has stated Tamil Nadu as Native, and accordingly encircled No.1.
32. Perusal of the Registration details, for admission to Gujarat Professional Medical Professional Medical Institutions, as against column No. Gujarat domicile, the appellant has stated Yes. Certificate of Domicile dated 30.05.2018, issued by the Deputy Commissioner of Police, Control Room, Ahmedabad City, Office of the Commissioner of Police, Ahmedabad, states that the appellant is a resident of State of Gujarat. For brevity the said details are reproduced:-
"OFFICE OF THE COMMISSIONER OF POLICE, AHMEDABAD No.1349/2018 Date : 30.05.2018 DOMICILE CERTIFICATE (Issued by authority of Govt. of Gujarat) on the basis of evidence mentioned below This is to certify that Kum.APARNA R Kumar R/o 403, BINORI MONETA, NR. SANDESH PRESS, BODAKDEV, AHMEDABAD, was born in TAMIL NADU State of Union of India on 10th-February-2001 and she is a resident of the State of Gujarat. This certificate is issued on the basis of the following documents.
1. The answers and proof submitted by the applicant in the questionnaire
2. Date of Birth, Matriculation Pass Certificate, School Leaving Certificate, Birth Certificate
3. Affidavit forfeiting the domicile right of TAMIL NADU State
4. Inquiry Report of - VASTRAPUR - Police Station Outward Number- 3051/2018 date : 25/05/2018 Place : Ahmedabad Date : 30.05.2018 (H.R.MULIYANA) IPS Deputy Commissioner of Police Control Room, Ahmedabad City"
33. As rightly contended by Mrs.Nalini Chidambaram, learned senior counsel for the appellant that the said certificate relates only to domicile and not nativity. Domicile is different from Nativity.
34. As per Clause 3(k) of the prospectus, even if he/she has got an option to apply in more than one State, and if the candidates applies in Tamil Nadu, as native of Tamil Nadu, he / she cannot apply to any other State showing that State as Native.
35. As per Clause 3(l), of the said prospectus, if it is found that the candidate has applied as a native of any other State other than Tamil Nadu then the admission will be cancelled at any stage.
36. A bare reading of Clause 3(k) of the prospectus makes it clear that the candidate has an option to apply in more than one State, and if the candidates applies in Tamil Nadu, as native of Tamil Nadu, he / she cannot apply to any other State showing that State as Native.
37. In the case on hand, there is absolutely no material to indicate that the appellant has applied in more than one State, claiming herself as native of Tamil Nadu, for the seats in Tamil Nadu and simultaneously applied for admission to MBBS/BDS courses in any other State, showing that State as native State.
38. There are no materials even to form a prima facie opinion that the appellant had applied for a seat in Gujarat, claiming herself to be a native of that State. Had there been any material indicating that the appellant had simultaneously applied for admission, for MBBS/BDS course, in two different states, claiming nativity, in the respective States, then, certainly Clause 3(k) of the prospectus to MBBS/BDS can be put against the candidate and in such circumstance, by virtue of Clause 3(l), if it is found that the candidate has applied, as native of any other State, other than Tamil Nadu, then, admission can be cancelled at any stage.
39. Except the data sheet, stated to have considered there are no materials, warranting invocation of Clauses 3(k) and 3(l) to cancel the admission granted to the appellant in Government Stanley Medical College, Chennai.
40. On the date when the appellant filed the writ petition, her assumption was that because she had declared her address for communication as Gujarat and that she had taken her examination from said place, she was not considered, as Native of Tamilnadu, but that was not the case of the respondent before the Writ Court.
41. Respondent, before the writ Court has contended that based on the data furnished in the light Clause 3(k) of the prospectus, respondent came to the conclusion that she cannot apply in more than one State.
42. There is no fraud or any attempt to deprive admission to any genuine student. When the appellant has disclosed all the facts to the Court, there should not be any conclusion that, she has approached this Court with unclean hands. On the basis of a solemn affidavit, the appellant has sought for a prayer.
43. Relief can be granted or denied, as the case may be. But true disclosure of facts, cannot be held as false statement to the Court, and consequently, to declare that the appellant has approached this Court, with unclean hands.
44. Observation of the Writ Court is that strictures could be passed against the appellant, but taking note of tender age, it was avoided and that being a girl child, her future should not be spoiled. In our considered opinion that when the appellant has not made any distorted or false statement before this Court, observations of the Writ Court, that strictures could be passed, is again unwarranted. We are not in agreement with the observations and the decision of the Writ Court.
45. Going though the material on record, we are of the view that there is no fraud or false statement, made in the supporting affidavit to the writ petition.
46. In the result, the writ appeal is allowed. Order dated 06.07.2018, made in W.P.No.16223 of 2018, directing automatic cancellation of allotment granted to the petitioner/Aparna Rajendra Kumar D/o Rajendrakumar, to pursue MBBS Course in Government Stanley Medical College, Chennai-1, is set aside. Writ Appeal is allowed. No Costs. Consequently, connected Civil Miscellaneous Petitions are closed.
47. Petitioner/Aparna Rajendra Kumar D/o Rajendrakumar, be permitted to join MBBS Course in Government Stanley Medical College, Chennai-1 and attend classes, from tomorrow (01.08.2018).
48. Mr.T.N.Rajagopalan, learned Government Pleader and Deputy Director, present in Court, are directed to communicate the orders of this Court to the Secretary, Selection Committee, Admission to MBBS/BDS Courses 2018-19 Session, Directorate of Medical Education, Kilpauk, Chennai-10 and to the Dean, Government Stanley Medical College, Chennai-1, forthwith, for compliance.
[S.M.K.,J.] [S.P.,J.]
31.07.2018
Index : Yes / No
Internet: Yes / No
ars/dm
To
The Secretary,
Selection Committee,
Admission to MBBS/BDS Courses 2018-19 Session,
Directorate of Medical Education,
Kilpauk, Chennai 600 010.
Note:
Issue order copy
on 01-08-2018
S.MANIKUMAR, J.
AND
SUBRAMONIUM PRASAD, J.
ars/dm
W.A.No.1512 of 2018
C.M.P.Nos.12110 and 12111 of 2018
31.07.2018