JUDGMENT :

(Prayer in W.P.No.18154 of 2021: Writ Petitions filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the respondents to return the Xth, XIIth mark sheet (originals), XII Transfer Certificate and XIIth hall ticket immediately to the petitioner so as to enable the petitioner to join any other college or course during the academic year 2021-22.

Prayer in W.P.No.19256 of 2021: Writ Petitions filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarifed Mandamus, to call for the records of the 1st respondent in its Na.Ka.No.06/MC1/2019 dated 12.03.2021 and quash the same and consequently direct the respondents to continue the petitioner in the MBBS course by treating him as open category candidate.)

1. The issue involved in both the writ petitions are common and hence they are taken up together, heard and disposed of through this common order.

2. W.P.No.18154 of 2021, has been filed for the issue of a writ of Mandamus directing the respondents to return the original certificates to the petitioner in order to enable the petitioner to join some other course during the academic year 2021-2022.

3. W.P.No.19256 of 2021, has been filed challenging the impugned proceedings of the first respondent dated 12.03.2021 and for a consequential direction to the respondents to permit the petitioner to continue the MBBS course.

4. The petitioner was admitted in the first respondent Medical College to the MBBS course during July 2018 under the Scheduled Tribe Quota.

5. The application that was made by the petitioner before the Revenue Divisional Officer seeking for Community Certificate was rejected. The same became the subject matter of challenge before this Court in W.P.No.12354 of 2019. This writ petition was disposed of by an order dated 05.09.2019, by the Division Bench of this Court. The relevant portions in the order are extracted hereunder:

“10. On a careful reading of the above judgment of the Supreme Court, it is seen that in cases where the mother's Community Certificate is available and not yet cancelled, there should be evidence available before the authority concerned to show that the child was brought up by the mother who belongs to ST community.

11. In such circumstances, this Court is not conducting any roving enquiry in this Writ Petition, and therefore, we are not inclined to accept the submission made by the learned counsel for the petitioner that based on the mother's Community Certificate, having not been cancelled, the child could be issued with Community Certificate.

12. Moreover, there is an alternative statutory remedy of appeal as against the impugned order. Hence, it is open for the petitioner to file appeal as against the impugned order, before the appropriate authority and in such event of filing of appeal, the concerned authority shall conduct enquiry only as to whether the children of the petitioner had been brought up by the petitioner- mother, and if really the children of the petitioner were brought up by the petitioner-mother, then provisional Community Certificates shall be issued to the children of the petitioner, and on such provisional Community Certificate, an endorsement shall be made therein to the effect that the same is subject to verification by the State Level Scrutiny Committee. After issuing such provisional Community Certificate, the authority concerned shall refer the same to the State Level Scrutiny Committee for testing its veracity and genuineness. If the said Committee finds that the said provisional Community issued to the petitioner's children, is genuine, then a permanent Community Certificate shall be issued to the children of the petitioner by the concerned authority.

6. In the meantime, the petitioner was denied permission to appear in the first year examination that was held during July 2019. The petitioner filed a writ petition in W.P.No.21860 of 2019 and the same came to be dismissed. Aggrieved by the same,