THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.No.3234 of 2019 and C.M.P.No.20478 of 2019 K.Krithika … Appellant MBBS student nativity case writ Appeal allowed

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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2020
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A.No.3234 of 2019 and C.M.P.No.20478 of 2019
K.Krithika … Appellant
Vs.

1. The District Collector,
   I – Floor, New Revenue Complex,
   Pondicherry District,
   Vazhudavoor Raod,
   Pettaiyanchathiram,
   Puducherry.
2. The Deputy Collector (Revenue) North cum
   Sub-Divisional Magistrate (North),
   Villianur, Puducherry.
3. Jawaharlal Institute of Post-Graduate
   Medical Education & Research (JIPMER),
   Rep. by its Registrar,
   III – Floor, Academic Section,
   JIPMER Academic Centre,
   Dhanvantri Nagar P.O.
   Puducherry – 605 006. … Respondents
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   Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside
   the order dated 17.09.2019 in W.P.No.26529 of 2019.
   For Appellant : Mr.V.Raghavachari for
   Mr.Jayaprakash
   For Respondents : Mr.Stalin Abimanyu for R1 & R2
   Mr.M.T.Arunan for R3

JUDGMENT

[made by P.VELMURUGAN, J.]

This writ appeal has been directed to set aside the order dated
17.09.2019 passed in W.P.No.26529 of 2019.
2 The appellant got admission in the third respondent Institute
called JIPMER on 28.06.2019 under the quota reserved for residents of
Puducherry and thereafter, on receipt of complaints from public, the second
respondent The Deputy Collector (Revenue) North cum Sub-Divisional
Magistrate (North), Villianur, Puducherry, has conducted enquiry and found
that the residential certificate issued to one Mr.K.Kumar, who is father of
the appellant, by the Tahsildar, Taluk Officer, Oulgaret, was based on false
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is not residing in the said house. However, the learned Single Judge has
disbelieved the rental agreement and directed to cancel the admission of
the appellant. Even though, the appellant’s father has suppressed certain
facts, the appellant has not suppressed anything. The appellant is a
meritorious student and she also got admission in AIIMS, but, she wanted
to pursue her studies in JIPMER since she felt that it is one of the
prestigious Institutions in the medical field.
10 In our considered view, merely because the appellant’s father
has obtained residential certificate showing his earlier address at
Pondicherry, the appellant, who has secured impressive scores, should not
suffer. Moreover, the appellant’s father is still working and residing at
Pondicherry and he can obtain a new residential certificate by showing the
present address, where he is residing. At any cost, a meritorious student
should not suffer for the mistake committed not on her part. Considering
the peculiar nature of facts and circumstances of this case on hand, we are
inclined to set aside the order of the learned Single Judge dated
17.09.2019. However, this order may not be a precedent for any other
case.
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11 In the result, the writ appeal is allowed and the order of the
learned Single Judge dated 17.09.2019 passed in W.P.No.26529 of 2019
is hereby set aside and the appellant is allowed to pursue her course at
JIPMER. The third respondent/JIPMER is directed to allow the appellant to
continue her studies. Consequently, connected CMP is closed.
[N.KIRUBAKARAN, J.] [P.VELMURUGAN, J.]
03.02.2020
Index : Yes/No
Speaking / Non Speaking order
cgi
Note: Issue order copy on 05.02.2020
To

1. The District Collector,
   I – Floor, New Revenue Complex,
   Pondicherry District, Vazhudavoor Raod,
   Pettaiyanchathiram, Puducherry.
2. The Deputy Collector (Revenue) North cum
   Sub-Divisional Magistrate (North),
   Villianur, Puducherry.
3. The Registrar, Jawaharlal Institute of Post-Graduate
   Medical Education & Research (JIPMER),
   III – Floor, Academic Section, JIPMER Academic Centre,
   Dhanvantri Nagar P.O.
   Puducherry – 605 006.
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