JUDGMENT :

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to accept the examination fee from the petitioner and permit the petitioner to appear for the 1st year MBBS Examinations to be held from 01.02.2022 and to publish the results and continue her study without any hindrance.

1. The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the respondents 1 to 3 to accept the examination fee from the petitioner and permit the petitioner to appear for the 1st year MBBS Examinations to be held from 01.02.2022 and to publish the results and continue her study without any hindrance.

2. The case of the petitioner is that she belongs to Kurumans community which is classified as a Scheduled Tribe Community and she applied for Community certificate on 20.02.2018 before the 5th respondent, however no order was passed. Hence, the petitioner’s mother filed a writ petition in W.P.No.18397 of 2018 and this Court by its order dated 19.07.2018 directed the 5th respondent to consider the petitioner’s application. While so, the 5th respondent rejected the petitioner’s claim vide proceedings dated 12.09.02018. As against the rejection order, the petitioner’s mother filed W.P.No.27719 of 2018 and this Court vide order dated 01.11.2018 quashed the order and directed the 5th respondent to consider the petitioner’s application within a period of eight weeks and the 5th respondent once again rejected the application referring to the same reason as stated in the earlier order dated 12.09.2018. Thereafter, the petitioner’s mother filed an appeal before the 4th respondent on 04.03.2020, however, no enquiry was conducted even after sending several reminders. Therefore, the petitioner filed a writ petition in W.P.No.14112 of 2020 and this Court by its order dated 09.10.2020 directed the 4th respondent to pass orders within a period of eight weeks.

3. Such being the situation, the petitioner applied for NEET examination and obtained 391 marks. However, since the community certificate was not issued to the petitioner, she was treated as General Category candidate. Hence, the petitioner filed a writ petition in W.P.No.16250 of 2020 and this Court vide order dated 11.11.2020 permitted the petitioner to participate in the counselling under the Scheduled Tribes Category (in short ST) and thereafter, the petitioner participated in the counselling and got admitted in the 3rd respondent college and completed the 1st year M.B.B.S course, however, she was not permitted to pay the examination fess for the examination that is scheduled to be held on 01.02.2022 since she has not produced the community certificate. Hence, this present Writ petition is filed seeking for an interim order directing the respondent 1 to 3 to accept the examination fees from the petitioner and to permit her to appear for the 1st year MBBS examinations that is to be held from 01.02.2022.

4. The learned counsel for the petitioner submits that based on the Community certificate obtained by the petitioner’s parents, the petitioner filed an application for community certificate and the same is pending before the 4th respondent. Though the petitioner’s parents are having valid community certificate stating that they belong to Kurumans community, the petitioner is not issued with the community certificate by the 4th respondent which is not acceptable. He further submitted that, in the meanwhile, the petitioner got admitted in the 3rd respondent college in the light of the order of this Court dated 11.11.2020 without insisting upon the community certificate. While such being the situation, restricting the petitioner to appear for the 1st year MBBS examination that is to be held on 01.02.2022 on the ground that the petitioner has not produced the community certificate is not sustainable one. Hence, he submitted that, it would suffice, if this Court issues direction to the respondents 1 to 3 t