ORDER :

1. The petitioner, an aspirant to do medical course appeared in the NEET examination and cleared the same with 96.99% and applied for MBBS Course 2020 under Government and Management quota in BC category.

2. The 3rd respondent Selection/Committee has also issued a call letter asking her to attend the counselling for allotment of MBBS seat under Government quota, scheduled on 03.12.2020. On certificate verification, the Committee had certain doubts with regard to the nativity, since she did her schooling in Trivandrum, referred her to an Expert Team and the Expert Team orally informed that since she completed her higher secondary course in the State of Kerala, she cannot be treated as a native of Tamil Nadu and is not entitled for the MBBS admission in Tamil Nadu under the Government quota. Since the 3rd respondent has not passed any order to that effect, the petitioner approached this Court for issuance of writ of mandamus directing the third respondent/Select Committee to consider her as a native of the State of Tamil Nadu and to take a decision.

3. In support of her contention, the petitioner has also produced her nativity certificate and other certificates to establish that she is only native of Kanyakumari District, State of Tamil Nadu. She also filed the certificates of her parents in support of her reliance.

4. This Court after prima facie satisfying with the materials placed in this Writ Petition had passed an order of interim direction dated 14.12.2020 directing the 3rd respondent to permit the petitioner to participate in the counselling. But when the petitioner approached the counselling, she was informed that all the vacancies have been filled up and she has to wait for some time till the seats from the All India quota gets reverted to the State quota. This Court on 17.12.2020 passed further orders based on the representations made on behalf of the respondents. Thereafter, the petitioner was permitted for counselling but no decision was taken by the 3rd respondent, and raised certain objections with regard to the nativity of the petitioner.

5. Admittedly, the petitioner was born in a hospital at Trivendram and also did her schooling in Trivandrum. However, she is native of Kanyakumari District of Vilavancode Taluk and her father G. Jeyasingh is a permanent resident of Kanyakumari District and as her mother was working at Trivandram therefore she completed her schooling in a school at Trivandrum which is very near to Kanyakumari District.

6. As per the prospectus, for admission to MBBS/BDS Degree Courses in Tamil Nadu Government Medical and Dental College. The eligibility criteria regarding the nativity is mentioned as follows:

"4. Nativity:

(a) Candidates should be a Native of Tamil Nadu.

(b) The Certificate of Nativity in Tamil Nadu should be issued by the competent authority only in the specified format given in the prospectus (Annexure II) and supported by a photocopy of Passport/Ration Card/Birth Certificate. If the copy of the supporting document is not produced, then the application form will be rejected. Nativity Certificate submitted after the deadline will also be summarily rejected.

(c) Candidates belonging to other States and residing in other States cannot claim nativity of Tamil Nadu.

(d) Candidates who have applied for NEET UG - 2020 as a candidate from other State cannot now change his claim as a native of Tamil Nadu.

(e) Permanent Residence Certificate in lieu of Nativity Certificate will not be accepted.

(f) Nativity Certificate obtained prior to the last date of receipt of filled in application alone will be accepted and sending the Nativity Certificate separately will not be entertained.

(g) Candidates who are Native of Tamil Nadu and have studied from Standard VI to Standard XII in schools of Tamil Nadu should also produce Nativity Certificate and Community Certificate issued by the competent authority along with the true copies of their parent's certificates such as Driving Licence, Ration Card/Passpo