(Prayer: Petition filed under Order XLVII Rule 1 and 2 r/w Section 114 of the Code of Civil Procedure, to direct the respondents 1 to 5 to keep one seat of MBBS Course in 2025 batch be vacant under the Puducherry SC quota subject to the result of the review petition.)

R. Suresh Kumar, J.

1. This review application has been filed seeking to review the order passed by this Court dated 17.10.2025 made in W.A.No.3055 of 2025.

2. The said order was passed in the writ appeal, which arose out of an order passed by the Writ Court in W.P.No.34755 of 2025 dated 16.09.2025. The writ petitioner was the writ appellant, who is the present petitioner also.

3.1. The petitioner became unsuccessful in getting selected to the first year MBBS Course at the Union Territory of Puducherry. He belongs to the Scheduled Caste Community, as claimed by him, and his case was that, some of the selected candidates under the Scheduled Caste quota do not have entitlement to claim admission under the Scheduled Caste quota, because, the Community Certificate secured by them on the basis of migration from some other State, where, either the father or mother of such students might be from some other State, where, even if they declared to be Scheduled Caste candidates, such an inheritance on migration cannot be taken into account for issuance of Community Certificate, declaring the status of Scheduled Caste at the Union Territory of Puducherry.

                   3.2. Assuming that if such certificate is issued by the competent Authority of the Union Territory of Puducherry to those candidates for Scheduled Caste Community status, based on the said certificate, they cannot seek any benefits, especially the benefit of getting admission in educational institutions.

4. When these arguments were raised before the Writ Court, the Writ Court, not only on the merits, but, mainly on the ground of non-joinder of necessary parties, that is the selectees since have not been impleaded as parties in the writ petition, dismissed the writ petition.

5. As against the dismissal of the writ petition, when the writ appeal was filed, we, by our order dated 17.10.2025, which is under review now, have given reasons on merits also, where, the writ petitioner/appellant, who is the present petitioner, has never questioned the Scheduled Caste Certificates issued to those candidates who had been selected. Moreover, the procedure adopted by the Union Territory of Puducherry Government in issuing such Schedule Caste Certificates also were not under challenge in any proceedings initiated by the petitioner.

6. Since the law having been declared by the Hon'ble Supreme Court that once a Community Certificate is issued by a competent Authority, unless and until it is canceled in the manner known to law or the procedure established under law, the law would presume that it is a valid Community Certificate, based on which, whatever benefits accrued on such communal candidates would be extended to them, this Court, by recording all these aspects, by the order dated 17.10.2025, dismissed the said writ appeal.

7. Only against the said order, the present review application has been filed.

8.1. Head Mr.V.Prakash, learned Senior Counsel appearing for Mr.P.R.Thiruneelakandan, learned counsel for the review applicant/petitioner, who raised two issues by relying upon the circular issued by the Government of India, Ministry of Social Justice and Empowerment Department, dated 22.02.2018, as well as the letter of the Ministry of Home Affairs, Government of India, dated 10.07.2025. Relying upon these documents, the learned Senior Counsel would contend that, the candidates who had been selected for admission for MBBS Course at the Union Territory of Puducherry during the current year might have been given the Scheduled Caste Certificate by the competent Authority of the Union Territory of Puducherry, however, by using the said certificates, these candidates cannot seek the benefit of getting admissions under the Scheduled Caste quota in the Union Territory of Puducherry. This of his submission has been made by relying upon the circular of the Government of India dated 22.02.2018.

                   8.2. Also, the learned Senior Counsel would canvass the point that, the certificate of Scheduled Caste Community issued to those candidates need not be questioned and those certificates might have been given by the competent Authority of the Union Territory of Puducherry, nevertheless, the benefit accrued on the candidates who are holding such certificates, being a migrant or one of their parents being a migrant to the Union Territory of Puducherry, whether he or she would be entitled to get the benefits, including the benefit of getting admission in educational institutions, would be possible is the question to be answered and therefore, when that question was raised, the non-challenging the Community Certificates held by those candidates may not stand in the way to decide the issue raised by them, is his further contention.

9. We have considered the said submissions made by the learned Senior Counsel appearing for the review applicant/petitioner and have perused the materials placed before this Court.

10. We are inclined to once again reiterate what we have stated in the order made in the writ appeal, which is sought to be reviewed herein, dated 17.10.2025 for the simple reason that, those selected candidates are admittedly having the Scheduled Caste Community Certificates issued by the competent Authority of the Union Territory of Puducherry. Based on such certificates, what benefits could be given and what benefits cannot be given cannot be decided in this lis under Article 226, where, only the selection list was questioned by the petitioner.

11. If at all very Community status of those selected candidates is under question or based on such Community status, if they are entitled to seek any benefit out of the certificate which they have been provided with, are the issues, if raised in an appropriate lis by the present petitioner or by anyone, could be decided by the competent Court or legal forum. Unless and until such an exercise is undertaken, the present plea raised by the petitioner cannot be gone into, that too, by way of a review application, as the basic law for reviewing an order passed by this Court is only on the basis of error available apparently on the face of the record.

12. Here, in the impugned order dated 17.10.2025, no such error is apparently available on the face of the record and therefore, on that ground also, the present application is liable to be rejected, accordingly, it is rejected and hence, the review application is dismissed. However, there is no order as to costs. Consequently, C.M.P.No.30576 of 2025 is closed.