HC: State’s SC/ST MBBS quota not for non-TN pupils
TIMES NEWS NETWORK
Chennai:29.07.2018
Admission to MBBS courses under reserved categories in Tamil Nadu cannot be claimed by candidates on the basis of community certificate obtained from other states, the Madras high court has ruled.
Justice S Vaidyanathan made the clarification while dismissing a plea moved by S Geetha, who sought MBBS admission in Tamil Nadu on the basis of a scheduled tribe (ST) certificate issued by the government of Andhra Pradesh. She wanted the court to direct the selection committee of the directorate of medical education, Tamil Nadu, to consider her application for MBBS admission under the reserved category for scheduled tribes.
“In my view, the petitioner would not be entitled to get any relief in this writ petition, since the petitioner has produced the community certificate issued by the state of Andhra Pradesh and sought relief to consider her candidature under the reserved category,” the judge said.
Relying on the decision of the SC in Mari Chandra case, the judge said the apex court had clarified that a SC/ ST person who had migrated from the state of origin to some other state for the purpose of seeking education, or employment would be deemed to be a SC/ ST of the state of his origin and would be entitled to derive benefits from the state of origin and not from the state to which they had migrated.
In the present case, dehors the question of migration, it is an admitted fact that the petitioner has obtained community certificate from Andhra Pradesh and in view of the prospectus for MBBS admission, she will not be entitled to any relief and her candidature can be considered only under the open category and not under the reserved category, Justice Vaidyanathan added.
TIMES NEWS NETWORK
Chennai:29.07.2018
Admission to MBBS courses under reserved categories in Tamil Nadu cannot be claimed by candidates on the basis of community certificate obtained from other states, the Madras high court has ruled.
Justice S Vaidyanathan made the clarification while dismissing a plea moved by S Geetha, who sought MBBS admission in Tamil Nadu on the basis of a scheduled tribe (ST) certificate issued by the government of Andhra Pradesh. She wanted the court to direct the selection committee of the directorate of medical education, Tamil Nadu, to consider her application for MBBS admission under the reserved category for scheduled tribes.
“In my view, the petitioner would not be entitled to get any relief in this writ petition, since the petitioner has produced the community certificate issued by the state of Andhra Pradesh and sought relief to consider her candidature under the reserved category,” the judge said.
Relying on the decision of the SC in Mari Chandra case, the judge said the apex court had clarified that a SC/ ST person who had migrated from the state of origin to some other state for the purpose of seeking education, or employment would be deemed to be a SC/ ST of the state of his origin and would be entitled to derive benefits from the state of origin and not from the state to which they had migrated.
In the present case, dehors the question of migration, it is an admitted fact that the petitioner has obtained community certificate from Andhra Pradesh and in view of the prospectus for MBBS admission, she will not be entitled to any relief and her candidature can be considered only under the open category and not under the reserved category, Justice Vaidyanathan added.
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