BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29/10/2009
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
Writ Petition (MD) No.11026 of 2009
M.Muruganandam .. Petitioner
Versus
1. The Tamil Nadu Dr.Ambedkar
Law University, rep. by
the Chairman,
3 year B.L., degree course 2009-2010
Poompozhil, No.5, Dr.DGS Dinakaran Salai
Chennai-28
2. The Principal
Dr.Ambedkar Law College
Chennai
3. The Tahsildar
Turaiyur Taluk, Trichy District .. Respondents
Prayer
Petition filed under Article 226 of the Constitution of India,
seeking for a writ of Mandamus directing the third respondent to verify the
community of the petitioner and issue the community certificate to the
petitioner on the basis of the entries made in the Transfer Certificate of the
School and the College so as to enable the petitioner to use the same for his
further studies and future employment opportunities.
!For Petitioner ... Mr.M.Sidharthan
^For Respondents... Mr.R.Alagarswamy for R1 and R2
:ORDER
The petitioner had stated that he had passed S.S.L.C. examinations in the
month of April, 2004, and plus two examinations in the month of March, 2006.
Thereafter, he had obtained a B.Sc., in Physics in the month of May, 2009. In
all the educational institutions in which the petitioner had studied he had
shown his community as ‘Valayalkara Chetti’. The petitioner had further stated
that on the basis of the marks obtained by him, he was selected for admission to
undergo the three years B.L., degree course, in Dr.Ambedkar Government law
College, Chennai. The petitioner had produced all the necessary certificates to
the College, except the community certificate. The petitioner could not produce
the community certificate, since he could not obtain his community certificate
from the Taluk Office, at Turaiyur, since it was stated that there is no such
community bearing the name ‘Valayalkara Chetti’ in the Government order
notifying the communities. It had been stated that only the name of ‘Valayal
Chetti’ had been found in the said Government order.
2. The petitioner has further stated that even though the petitioner’s
cousin studying in Erode District had obtained the community certificate, the
third respondent had refused to issue the community certificate to the
petitioner in spite of his repeated requests. Due to the petitioner’s inability
to produce the community certificate, the second respondent had denied the
admission to the petitioner, in Dr.Ambedkar Government Law College, Chennai.
3. It has been further stated that the petitioner is a physically
handicapped candidate. He had further stated that his mother is a widow and she
is working as a housemaid earning a meager salary of Rs.1,000/- per month. The
petitioner had also got an unmarried sister. There is no one to support his
family except the owner of the house in which his mother is working as a
housemaid.
4. The learned counsel appearing for the petitioner had submitted that
this Court may pass an order directing the first and second respondents to admit
the petitioner, in Dr.Ambedkar Government Law College, Chennai, forthwith,
subject to the petitioner producing the necessary community certificate, on or
before 1.12.2009. The learned counsel appearing for the petitioner had also
submitted that since the 3 year B.L. decree course had already commenced, the
petitioner would be loosing the attendance, if he is not admitted, immediately
and that he would also loose the opportunity of acquiring the knowledge of the
subject being taught in the College.
5. The learned counsel appearing for the respondents has no serious
objection for this Court passing such an order, as prayed for by the learned
counsel appearing for the petitioner.
6. In such circumstances, the second respondent is directed to grant
provisional admission to the petitioner, forthwith, on his undertaking to
produce the necessary community certificate, on or before 1.12.2009, failing
which it would be open to the second respondent to cancel the admission granted
to the petitioner, without any notice being issued to him. Accordingly, the writ
petition is disposed of with the above directions. No costs. Consequently,
connected M.P.(MD) No.1 of 2009 is closed.
To:
1. The Chairman,
The Tamil Nadu Dr.Ambedkar
Law University, rep. by
3 year B.L., degree course 2009-2010
Poompozhil, No.5, Dr.DGS Dinakaran Salai
Chennai-28
2. The Principal
Dr.Ambedkar Law College
Chennai
3. The Tahsildar
Turaiyur Taluk, Trichy District