Chennai: Madras high court has dismissed a petition from a medical course aspirant who tried to get admission to MBBS course in Tamil Nadu on the basis of a fraudulently obtained nativity certificate.
Justice S. Vaidyanathan has dismissed the petition of Aparna Rajendra Kumar, a resident of Gujarat, who sought direction to the selection committee to consider her claim for admission to the course on the basis of her nativity certificate of Chennai. Dismissing her plea, Justice Vaidyanathan said it is very unfortunate that the petitioner has come before the court with a false statement. “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,” he said.
Dismissing another petition filed by M. Goutham, who hail from Karur and who did his school in Kerala, Justice S Vaidyanathan said “birth place is where a person who lives along with brothers and sisters, but the place of the person where the education has been done and lived alone, can be taken into account for the purpose of nativity. Even for domicile residence over five years is required. In this case, even though the candidate was born in Tamil Nadu, his entire schooling was in Kerala and the nativity certificate will have to be looked from that angle from where the education has been imparted.”
M. Goutham was born in Karur on June 5, 2000. However, in view of his father’s employment, he did his entire schooling in Kottayam, Kerala. After securing 424 in Neet, he applied for MBBS in Tamil Nadu under the state quota. As his name was not in the rank list released by the selection committee, he made a representation to the authorities, which was not responded to. Aggrieved, he has approached the high court.
Opposing the claim, the selection committee said, the VAO certificate states that the petitioner is residing in Kerala for 20 years. Therefore, the candidate does not belong to Tamil Nadu. Further, the place of birth cannot give right of nativity. However, it is open to the petitioner to have his case considered under the all India quota, but not in the TN state quota.
Meanwhile, Justice S. Vaidyanathan has directed Directorate of Medical Education to permit a candidate, who studied in West Bengal, to participate in the ongoing counseling for medical course. The candidate had not furnished certificate relating to her nativity of Tamil Nadu.
Passing an interim order, Justice S. Vaidyanathan, before whom a petition filed by her father K. Surendran of Choolaimedu came up for hearing, said “though the candidature of the petitioner has to be rejected at the threshold, as an interim measure, this court directs the authorities to permit her to participate in the counselling in the open category.”
The counsel for the petitioner Diwakar has submitted that non-furnishing of enclosures would not defeat the claim of the petitioner. He referred to a Supreme Court order in which a circular issued by the Union ministry of home affairs, which clarified that a scheduled caste/tribe person, who has migrated from the state of origin to some other state for the purpose of seeking education, employment, etc. will be deemed to be a scheduled caste/tribe of the state of his origin and will be entitled to derive benefits from the state of origin and not from the state to which he has migrated.
