July 30, 2018
Case name: Geetha v. The Chairperson, NEET Examination & ors.
In the case, the Petitioner was seeking admission in Medical College of Tamil Nadu on the basis of ST certificate obtained from the State of Andhra Pradesh. The High Court in view of Supreme Court’s holding denied candidature to the Petitioner under the Reserved category.
In the case, the Petitioner has sought direction to the Respondent to consider his representation by placing him under the ST (Scheduled Tribe) and alloting appropriate community Rank for admission in Medical College. The petitioner has submitted that she belonged to the Scheduled Tribe Community and has also enclosed a copy of the certificate issued by the authorities of Andhra Pradesh.
The High Court of Madras in the case held that the Petitioner was not entitled for
That 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. The High Court while arriving at its decision also made reference to Supreme Court’s judgment in the case of Mari Chandra Vs. Dean, SGS Medical College wherein the Apex Court held 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.
In view of the aforesaid, the High Court of Madras, dismissed the Petition and observed that it is an admitted fact that the petitioner has obtained community certificate from the State of Andhra Pradesh and hence will not be entitled to any relief and her candidature can be considered only under the Open Category and not under the reserved category.
 1990 (3) SCC 130