Point of Law: Nativity Certificate, at no stretch of imagination, can be based on the place of birth, and the criterion for issuing Nativity Certificate shall be the place where the person concerned has been brought up and educated

JUDGMENT :

The question falls for consideration in this matter is whether the third respondent is justified in declining Nativity Certificate to the petitioner who is brought up in the State of Kerala on the ground that the place of birth of the petitioner and her parents happened to be outside the State.

2. The father of the petitioner hails from Thoothukudi in the State of Tamil Nadu. He came to the State of Kerala long before the birth of the petitioner and settled at Choornikkara, within the jurisdiction of the third respondent. The mother of the petitioner who has been residing with the father of the petitioner at Choornikkara also hails from Thoothukudi. It is stated that going by the custom prevailing in the family of the petitioner, the mother of the petitioner had to be with her parents at Thoothukudi while giving birth to the petitioner and the petitioner happened to be born at Thoothukudi in the aforesaid circumstances. The mother of the petitioner came back to Choornikkara after the birth of the petitioner and the petitioner was brought up at Choornikkara. It is also stated that the petitioner did her schooling in the State of Kerala and later obtained B.Pharm Degree from the Kerala University of Health Sciences. The petitioner needs Nativity Certificate for pursuing higher studies. The application preferred by the petitioner for Nativity Certificate was, however, rejected by the third respondent in terms of Ext.P14 communication, stating that since the petitioner and her parents are not born in the State of Kerala, she cannot be issued Nativity Certificate. Ext.P14 communication is under challenge in this writ petition.

3. Heard the learned counsel for the petitioner as also the learned Government Pleader.

4. The essence of the arguments advanced by the learned counsel for the petitioner is that in so far as the petitioner is a person brought up in the State of Kerala, she cannot be denied Nativity Certificate merely for the reason that she happened to be born outside the State.

5. Placing reliance on the relevant provision in the Kerala Land Revenue Manual, the learned Government Pleader pointed out that Nativity Certificate is one issued to persons who have their origin in the State of Kerala and the same can, therefore, be issued only to those who are born in the State and to the children of those who are born in the State. It was also pointed out by the learned Government Pleader that if one among the parents is not born in the State, the provision is that Nativity Certificate can be issued, if the parents have been residing in the State after their marriage. According to the learned Government Pleader, since neither the petitioner nor her parents are born in the State, Ext.P14 communication is in order.

6. Let us first examine the purpose for which Nativity Certificate is issued. The relevant provision in the Kerala Land Revenue Manual dealing with 'Nativity Certificate' reads thus:

Though it is recited in the opening part of the provision that Nativity Certificate is issued for certifying that the person belongs to the State of Kerala by birth, it is clarified in the latter part that the same can be issued even to persons who are born outside the State, provided their parents or one among them are born in the State. Of course, it is clarified in the provision that if one among the parents is not born in the State, Nativity Certificate would be issued only if they have been residing in the State after their marriage. It is, therefore, evident that Nativity Certificate is issued to ascertain whether the person belongs to the State of Kerala. If the certificate is intended for the said purpose, according to me, the place of birth of the person and the place of birth of his/her parents cannot be the sole criterion to decide the eligibility. If the place of birth is accepted as the sole criterion to decide the eligibility, a person who is brought up in the State and whose ancestors belong to the State would not be entit