HC: Place of birth alone not enough for nativity claims
TIMES NEWS NETWORK
Chennai: 08.07.2018
Birth alone will not make a person a native of a place. There must be several years of residence in the place to claim nativity for admission to MBBS courses in Tamil Nadu, the Madras high court said, rejecting a plea moved by a student who was born in Tamil Nadu but had ‘temporarily’ resided and studied in Kerala for 20 years. The boy wanted authorities to let him sit for MBBS counselling under state quota.
“Birth place is where a person lives along with brothers and sisters. But a person’s place of education and living, can be taken into account for the purpose of nativity. Even for domicile residence, over five years of stay is required. In this case, even though the candidate was born in Tamil Nadu, his schooling was in Kerala and the nativity certificate will have to be looked from the angle of where the education was imparted,” Justice S Vaidyanathan said.
M Goutham was born in Karur on June 5, 2000, and belongs to a backward community. 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 on the rank list released by the selection committee, he made a representation to the authorities which saw no response. Aggrieved, Goutham approached the high court.
When the plea came up for hearing, the petitioner submitted that he had produced a certificate from a village administrative officer in Kottayam stating that he was only a temporary resident of Kerala. This apart, to prove his nativity, he had produced his family ration card issued by the Tamil Nadu government.
He argued that nativity refers to the place of birth and that when a person is born in Tamil Nadu, he can be considered as a native of the state.
Opposing the claim, the selection committee said, “Firstly, the VAO certificate states that the petitioner has been temporarily residing in Kerala for 20 years (petitioner’s age is 18). Therefore, the candidate does not belong to Tamil Nadu. Further, place of birth cannot give right to claim 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.”
Concurring with the submissions, the court dismissed the plea.
TIMES NEWS NETWORK
Chennai: 08.07.2018
Birth alone will not make a person a native of a place. There must be several years of residence in the place to claim nativity for admission to MBBS courses in Tamil Nadu, the Madras high court said, rejecting a plea moved by a student who was born in Tamil Nadu but had ‘temporarily’ resided and studied in Kerala for 20 years. The boy wanted authorities to let him sit for MBBS counselling under state quota.
“Birth place is where a person lives along with brothers and sisters. But a person’s place of education and living, can be taken into account for the purpose of nativity. Even for domicile residence, over five years of stay is required. In this case, even though the candidate was born in Tamil Nadu, his schooling was in Kerala and the nativity certificate will have to be looked from the angle of where the education was imparted,” Justice S Vaidyanathan said.
M Goutham was born in Karur on June 5, 2000, and belongs to a backward community. 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 on the rank list released by the selection committee, he made a representation to the authorities which saw no response. Aggrieved, Goutham approached the high court.
When the plea came up for hearing, the petitioner submitted that he had produced a certificate from a village administrative officer in Kottayam stating that he was only a temporary resident of Kerala. This apart, to prove his nativity, he had produced his family ration card issued by the Tamil Nadu government.
He argued that nativity refers to the place of birth and that when a person is born in Tamil Nadu, he can be considered as a native of the state.
Opposing the claim, the selection committee said, “Firstly, the VAO certificate states that the petitioner has been temporarily residing in Kerala for 20 years (petitioner’s age is 18). Therefore, the candidate does not belong to Tamil Nadu. Further, place of birth cannot give right to claim 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.”
Concurring with the submissions, the court dismissed the plea.
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