J.N. Ashmina, a NEET aspirant, was denied counselling participation under BC category. However, she was allowed later and yet, there was confusion with regards to her nativity certificate. The present case delves into the requirements of a nativity certificate. The case was heard and decided upon by Hon’ble Justice B. Pugalhendi.
Facts of the Case
The Petitioner is a NEET aspirant. She cleared the examination with 96.99% and applied for MBBS Course 2020 under Government and Management quota under the BC category. The Selection Committee issued a call letter asking her to attend counselling for the allotment of MBBS seat under Government quota. On verification, the Committee had certain doubts about the nativity certificate, as the Petitioner had done her schooling from Trivandrum. The Selection Committee referred her to an Expert Team. The Expert Team orally informed that since she completed her higher secondary course in the State of Kerala, she could not be treated as a native of Tamil Nadu and is not entitled to the MBBS admission in Tamil Nadu under the Government quota. The Selection Committee had not passed any order to such an effect. Accordingly, the Petitioner sought the writ of mandamus directing the Selection Committee to consider her as a native of the State of Tamil Nadu and make a decision.
Arguments before the Court
The Petitioner’s counsel submitted that they had submitted all the relevant and necessary documents to establish the petitioner’s nativity. They had produced the nativity certificate and other certificates to prove that she is a native of Kanyakumari District, State of Tamil Nadu. She also filed her parents’ certificates in support of her reliance. The counsel submitted that the Authority had certified that the Petitioner is a native of Tamil Nadu by birth in the present case, by referring this certificate with the birth certificate.
The Selection Committee’s counsel submitted that the provisions under Clauses 4(g) and 4(h) of the prospectus ought to have enclosed all other certificates and her parents’ certificates as well. Their counsel further argued that merely because she was born in Kerala does not mean she is a native of Kerala. Moreover, the petitioner’s parents had been residing in Kanyakumari, Tamil Nadu. The counsel also placed reliance upon M.Goutham Vs. The Secretary/Addl.DMBE & Ors. which order was referred to in another decision of this Court in Varsha Parappa Totagi Vs. The District Collector & another.
Court’s Observations
The Court observed that there are specific guidelines when it comes to a nativity certificate. According to the Government Order, the requirements for a nativity certificate were: one must have resided in the place for five years. In the present case, the Court observed that the Petitioner and her parents had been living in Tamil Nadu for more than five years. A competent Authority had also issued a nativity certificate in favour of the Petitioner. Apart from the nativity certificate, she had also produced all other certificates to establish that she is native of Kanyakumari District.
It is also not in dispute that the Petitioner had not applied in any other State to claim nativity, along with several documents being available to show that she is a native of Tamil Nadu.
The Court, therefore, noted that the Selection Committee should have considered all relevant records. The documents in her favour and her parents established her nativity without any doubt. Thus, the Petitioner was entitled to admission in Tamil Nadu as a native of the state.
Court’s Decision:
The Court allowed the present petition in question. It also directed the Selection Committee to consider the Petitioner for admission to the MBBS/BDS Degree course, 2020, as a native of State of Tamil Nadu.
Click here to view the Judgment.
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