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2018 Supreme(Mad) 2717
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. MANIKUMAR, SUBRAMONIUM PRASAD, JJ.
M.Goutham - Appellant
Vs.
The Secretary/Addl. DME Selection Committee Directorate of Medical Education – Respondent
Writ Appeal Nos.1495, 1508 and 1513 of 2018 and C.M.P.Nos.11803, 11804, 12046 and 12126 of 2018
Decided on : 09-08-2018
Advocate Appeared:
For the Appellant : Mr.Om Prakash, for Mr.Siva Shanmugam
For the Respondent:Mr.C.Manishankar Additional Advocate General assisted by Mr.T.N.Rajagopalan, Government Pleader and Mr.K.Krishnamoorthy, Government Advocate
Headnote:
Constitution of India, 1950 - Articles 14 and 15 - Indian Medical Council Act, 1956 - Section 10D - Central Act of Birth and Death, 1969 - Sections 12 and 17 - Evidence Act, 1872 - Sections 114 and 115 – Educational - It is further case of appellant that right from his childhood his ambition was to become a Doctor - Therefore his father took extraordinary care in his education - He further stated that his father is engaged in small scale business - Due to his fathers avocation appellant was brought to Kerala for his school education to ensure that adequate care is given for education - Appellant has studied in Marian Senior Secondary School from UKG to XII Std - It is further case of appellant that he studied under Central Board of Secondary Education pattern Syllabus and completed his 10th standard - He scored a cumulative Grade point average of 8-8 in 10th standard and that he completed his XII Std and scored 383/500 marks - To secure competitive marks in NEET examination he joined an institution and spent money - Held, Whether order passed by this Court in case of cited is applicable to present case or not can be decided only after counter affidavit is filed by Respondent - There is no doubt that a person will not lose his permanent residence in State merely on account of his absence from State owing to his employment elsewhere in Government Service or in any occupation trade business or profession - While Writ Court has taken view that there is no doubt that a person will not lose his permanent residence in State merely on account of his absence from State owing to his employment elsewhere in Government service or occupants trade or business then candidature of appellant ought not to have been rejected on basis of residence when policy of Government is to allot seats for candidates who are natives - In case of writ Court in principle has accepted decision in case whereas in case of writ Court has observed that whether order passed by this Court in case of cited is applicable to present case or not - Writ Appeals are allowed.
S.MANIKUMAR, J.
Challenge in these writ appeals is to the orders of the writ court dated 06.07.2018 made in W.P.No.16389 of 2018 (W.A.No.1495 of 2018); dated 04.07.2018 made in W.P.No.16447 of 2018 (W.A.No.1508 of 2018); and dated 06.07.2018 made in W.M.P.No.19581 of 2018 in W.P.No.16425 of 2018 (W.A.No.1513 of 2018), by which, the writ court, declined the reliefs, as sought for by the appellants.
2. Since common issues are involved in all these writ appeals, they were heard together and disposed of, by means of this common judgment.
Brief facts in W.A.No.1495 of 2018 (M.Goutham):
3. It is the case of the appellant that he was born on 05.06.2000, at Karur, Tamil Nadu. His native place is Velamboondi Village, Dharapuram Taluk, Tiruppur District and his mother tongue is Tamil and he hails from Kongu Vellalar, a backward class community. He is the first graduate in his family. He is the only son to his parents.
4. It is the further case of the appellant that, right from his childhood his ambition was to become a Doctor. Therefore, his father took extraordinary care in his education. He further stated that his father is engaged in small scale business in Kottayam, Kerala. Due to his father s avocation, the appellant was brought to Kerala, for his school education, to ensure that adequate care is given for education. The appellant has studied in Marian Senior Secondary School, Kalathipady, Vadavathoor, Kottayam, Kerala from UKG to XII Std.
5. It is the further case of the appellant that he studied under Central Board of Secondary Education (CBSE) pattern Syllabus and completed his 10th standard, in the year 2015. He scored a cumulative Grade point average (CGPA) of 8.8 in 10th standard and that he completed his XII Std in the year 2017, and scored 383/500 marks. To secure competitive marks in NEET examination, he joined an institution and spent money.
6. Further case of the appellant is that, after completion of NEET course, he submitted the online application for NEET(UG)- 2018 exams, as a candidate belonging to Tamil Nadu; that he wrote NEET exams at Ernakulam, Kerala on 06.05.2018 and that he scored 424/720 marks {Percentile score 95.234585) in NEET exams. His All India Rank was 60,293. He applied for admission for MBBS/BDS course in Tamil Nadu, by submitting the application form given by the Secretary/Additional Director of Medical Education, Selection Committee, Directorate of Medical Education, Chennai, 1st respondent herein, along with necessary documents as required. He further submitted that he has also enclosed the Nativity Certificate dated 28.05.2018 issued by Zonal Deputy Tahsildar, Dharapuram, certifying his native place as Velamboondi Village, Tamil Nadu. According to the appellant, he has not applied for MBBS/BDS course claiming to be native of Kerala State.
7. In order to rule out the said apprehension, appellant has enclosed the certificate No.613 of 2018 dated 14.05.2018 issued by the Village Administrative Officer, Kottayam, Kerala, confirming that the Office of the Village Administrative Officer, Kottayam, Kerala, has not issued any community certificate or nativity certificate, either to the appellant or to his father.
8. The appellant has further contended that upon applying for MBBS/BDS course, for Tamil Nadu Government quota, through online, he was allotted ARN No.13612.
9. The appellant was instructed to track his application form using the said ARN number. He further stated that the 1st respondent published MBBS/BDS 2018-2019 session (Government quota) provisional rank list. His name was not included in the said list. Thereupon, he rushed to Chennai and enquired in the office of the 1st respondent regarding non inclusion of his name in the provisional rank list. However, no reasonable explanation was given to him. Subsequently, on 30.06.2018, the 1st respondent released an errata to MBBS/BDS - 2018-20
