ORDER
D. Murugesan, J.
1. The petitioner obtained a Community Certificate from the Revenue Divisional Officer, Darmapuri, dated 28.6.1996, certifying him to belong to the Hindu Kurichchan Community, which is notified as Schedule Tribe. On the strength of the said certificate, he applied for the first year MBBS Course and was selected and admitted for the academic year 1997-1998. While the petitioner was undergoing the course, it appears that the Community Certificate produced by the petitioner was sought to be verified and hence it was forwarded to the District Collector, Darmapuri for verification, by the Dean, Madurai Medical College. As no order as to the genuineness of the Community Certificate was received, the petitioner was allowed to continue and complete the course. There is no dispute that the petitioner had appeared in final year examination during June 2002 and he was issued with a provisional certificate by the Tamil Nadu Dr. MGR Medical University, the first respondent herein, certifying that the petitioner had passed the final year MBBS Degree Examination. The petitioner had also completed the Compulsory Rotatory Resident Internship period during the month of June 2003. However, the request of the petitioner for issue of Degree Certificate was not considered on the ground that the respondent has not received any orders about the verification of the community certificate from the District Collector. Hence the petitioner has approached this Court for a direction to the 1st respondent to issue the degree certificate.
2. I have heard the learned counsel for the petitioner Mr. V. Ramasubramanian as well as Mr. Vellaisamy, learned counsel appearing for the respondent University. There is no dispute that the petitioner was selected and admitted to the MBBS Degree course as against the seats earmarked for the Schedule Tribe candidates, on the strength of the Community Certificate issued by the Revenue Divisional Officer, Darmapuri District dated 28.6.1998. The only claim of the Dean of the College is that though the certificate is sought to be verified and has been forwarded to the District Collector, no orders as to the genuineness was received. No other grounds are urged for denying the right of the petitioner for Degree Certificate. Insofar as the issue of Degree Certificate is concerned, there is no dispute that the petitioner after completion of the course, has been declared pass in the MBBS Degree and he has also been issued with the Provisional Certificate by the respondent University. He has also completed the CRRI period. In the circumstances, the petitioner is entitled for degree certificate.
3. However, the only ground put forth against the petitioner is that the request made by the dean of the Madurai Medical College for verification of the Community Certificate to the District Collector is still pending. Law on this issue is well settled wherein it has been held that so long as the certificate issued in favour of a candidate is not cancelled, the same should be considered as valid for all purposes, including the continuation of the course, completion of the same as well for entitlement to the Degree Certificate. The Apex Court in the judgment (Kumari Madhuri Patil and Anr. v. Addl. Commissioner, Tribal Development and Ors.), has spelt out the guidelines as to the genuineness of the Community Certificate. The Supreme Court has directed the State Governments to constitute a Committee to go into question of the genuineness of the Community Certificate. Admittedly, the Dean of the Madurai Medical College has forwarded the application only to the District Collector, Madurai, who has not considered the same and passed any orders. Even assuming that reference has been made to the District Collector to find out the genuineness of the Committee Certificate of the petitioner, it should be considered only by the Committee constituted in accordance with the judgment of the Supreme Court referred supra. No material is placed before this Court to show that such an order was passed by the Committee holding that the certificate issued to the petitioner was not genuine. In the absence of those materials, this Court proceeds on the basis that the certificate received by the petitioner and produced for securing admission is genuine. And in that view of the matter, the petitioner is entitled to degree certificate. Accordingly, I find every merit in the grievance of the petitioner. The writ petition is allowed. No costs.
4. There will be a direction to the first respondent University to issue a Degree Certificate to the petitioner as prayed in the writ petition, within a period of two weeks from the date of receipt or production of a copy of this order. It is made clear that in the event the Community Certificate of the petitioner is found not to be genuine, by the Committee constituted in accordance with the direction of the Supreme Court, it is always open to the respondent University to take appropriate action against the petitioner, in accordance with law.