The Madras High Court recently ruled that students who have secured a community certificate from another state cannot use the same to secure MBBS admission under reserved categories in Tamil Nadu.
The order was issued by Justice S. Vaidyanathan on a petition filed by one S. Geetha, who had sought a direction to the Selection Committee to consider her candidature under the Scheduled Tribe category on the basis of the community certificate issued to her by the State of Andhra Pradesh.
The Additional Advocate General, on the other hand, had pointed out that the prospectus had clearly stated that if the candidate obtains a community certificate from some other State, their candidature would be considered under the open category.
Agreeing with this submission, the Court observed, “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 seeking relief to consider her candidature under the reserved category.”
Justice Vaidyanathan further relied on a circular issued by the Ministry of Home Affairs in February, 1985, wherein the Centre had clarified that “a Scheduled Caste/Tribe person who has migrated from the State of origin to some other State for the purpose of seeking education, employment etc., will be deemed to be a Scheduled Caste/Tribe of the State of his origin and will be entitled to derive benefits from the State of origin and not from the State to which he has migrated.”
Thereafter, the Court ruled that her candidature should be considered under the Open Category, and observed, “In this case, de-hors the question of migration, it is an admitted fact that the petitioner has obtained community certificate from the State of Andhra Pradesh and in view of Clause 18(b) of the Prospectus, the petitioner will not be entitled to any relief and her candidature can be considered only under the Open Category and not under the reserved category.”