High court relief for MBBS aspirant hit by nativity rule
K.Kaushik@timesgroup.com
27.07.2019
The Madras high court has ruled that the communal or nativity status issued to a person by the government cannot be rejected by another wing of the government without a valid reason. Giving relief to an MBBS aspirant whose candidature was rejected due to nativity rules, the court directed the state government to grant him admission after verifying his communal status within three days.
The government had contended that the candidate’s father was born in Sri Lanka and that he studied in various institutions in Karnataka. Additional advocate general stated that the petitioner’s parents are not from Tamil Nadu and therefore nativity cannot be claimed by the petitioner. Justice R Suresh Kumar pointed out that the birth certificate was issued to the petitioner by the Tuticorin municipality while the tahsildar of Tuticorin issued the community certificate as SC in 2009.
“As far as the issue of nativity is concerned, without being a native person of this state, the permanent communal status could not have been conferred by the competent authority. If one wing of the authority of the state conferred a communal status and nativity status to a person, another wing of the state cannot reject it without any valid reason,” observed the judge.
Rejecting the contentions of the government and on perusal of the fact that the petitioner was born and completed his school education in Tuticorin, the judge directed the selection committee to grant medical admission to the petitioner as per the communal ranking obtained by him based on Neet marks in any of the colleges for the academic year 2019-20 after verifying his communal status.
The petitioner, P Karuppasamy, a resident of Tuticorin, had moved the high court this year challenging his inclusion in the list of candidates not eligible due to nativity and for having studied in another state. His candidature was rejected on the ground that he is not a native of Tamil Nadu and therefore, of the SC category in which he was ranked with 408 in communal ranking. The counsel of the petitioner submitted that the petitioner had studied up to Class XII in Tuticorin and he has been given community certificate that he belongs to Supreme Court.
K.Kaushik@timesgroup.com
27.07.2019
The Madras high court has ruled that the communal or nativity status issued to a person by the government cannot be rejected by another wing of the government without a valid reason. Giving relief to an MBBS aspirant whose candidature was rejected due to nativity rules, the court directed the state government to grant him admission after verifying his communal status within three days.
The government had contended that the candidate’s father was born in Sri Lanka and that he studied in various institutions in Karnataka. Additional advocate general stated that the petitioner’s parents are not from Tamil Nadu and therefore nativity cannot be claimed by the petitioner. Justice R Suresh Kumar pointed out that the birth certificate was issued to the petitioner by the Tuticorin municipality while the tahsildar of Tuticorin issued the community certificate as SC in 2009.
“As far as the issue of nativity is concerned, without being a native person of this state, the permanent communal status could not have been conferred by the competent authority. If one wing of the authority of the state conferred a communal status and nativity status to a person, another wing of the state cannot reject it without any valid reason,” observed the judge.
Rejecting the contentions of the government and on perusal of the fact that the petitioner was born and completed his school education in Tuticorin, the judge directed the selection committee to grant medical admission to the petitioner as per the communal ranking obtained by him based on Neet marks in any of the colleges for the academic year 2019-20 after verifying his communal status.
The petitioner, P Karuppasamy, a resident of Tuticorin, had moved the high court this year challenging his inclusion in the list of candidates not eligible due to nativity and for having studied in another state. His candidature was rejected on the ground that he is not a native of Tamil Nadu and therefore, of the SC category in which he was ranked with 408 in communal ranking. The counsel of the petitioner submitted that the petitioner had studied up to Class XII in Tuticorin and he has been given community certificate that he belongs to Supreme Court.
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