Reservation cannot be unlimited.

S.J. Mukhopadhaya, J.

The appellant, who studied for seven years in Jawahar Navodhya Residential School, Palloor, Mahe, a region within the Union Territory of Pondicherry, claimed reservation as resident of Mahe for admission in engineering course through Joint Entrance Test, 2006, held by the Central Admission Committee of the Government of Pondicherry. Having not allowed such benefit of reservation on the ground that she is not a resident of Mahe, unsuccessfully challenged the order passed by the 1st respondent in No.59/STOM/T3/Misc/05 dated 25th July, 2006, giving rise to the present appeal.

2. According to the appellant, she was born on 19th Aug., 1988, in Mahe region of Union Territory of Pondicherry, brought up at Mahe, having studied from Pre-KG to 5th standard and 6th standard to 12th standard. She studied 6th to 12th standard at Jawahar Navodhya Residential School at Mahe, as a resident student and the said school did not admit students unless they are local residents. She has obtained birth certificate on 4th May, 1994, and residential certificate issued by the 1st respondent on 26th May, 1994. According to her, she is entitled for reservation as per prospectus – Information Bulletin circulated vide Central Admission Committee, Pondicherry, for admission in engineering college, being resident of Mahe, but she has been denied such benefit of reservation.

On the other hand, according to the first respondent, status of appellant, is that of a minor and is a resident of Kerala on the basis of which she appears to have already moved the Kerala educational authorities for the purpose of getting admission in MBBS course. In Kerala she applied for grant of community certificate to the Tahsildar of Thalacherry Taluk in which she clearly specified her place of residence to be Chokli Manepram Taluk and her permanent village and resident place to be Menapram Desam, Chokli Amsam, Kerala. She had claimed her residence at the said address on the ground that she was residing there for about 18 years and sought for grant of community certificate on the basis of sworn declaration that information given in her application are true and she put her signature on the declaration. The grant of community certificate is also supported by report of village officer, Chokli Peringaudi, which is to the effect of certifying that the appellant, Ms.Athulya of Valiaparampath, Chokli Amsam was born and brought up as permanent resident with her parents in the said address at Kerala. The Tahsildar also certified that the appellant, Ms.Athulya belongs to Chokli Amsam, Menapram Desam, Kannanor District, Kerala, included in the list of other backward communities of Kerala State.

Learned counsel appearing on behalf of the Union Territory of Pondicherry submitted that the appellants parents are also residing at Kerala and the appellant studied from a residential school and was lodged in the school hostel.

Learned counsel for the appellant, while placed reliance on birth certificate and residential certificate, referred to the provisions of reservation as mentioned in the prospectus – Information Bulletin of Joint Entrance Test, 2006.

3. Before discussion of relevant provisions of reservation, it is desirable to notice the geographical position of the Union Territory of Pondicherry. It consists of three regions, namely, Karaikal region, bordering Tamil Nadu; Mahe region bordering Kerala and Yanam region bordering Andhra Pradesh. While some seats have been reserved for candidates, who are domicile of Union Territory of Pondicherry, special regional allocation (reservation) has been made for all three regions of Karaikal, Mahe and Yanam. For Union Territory of Pondicherry candidates, in Government sponsored colleges, details of reservation and special allocation was made as follows :-

"5. DETAILS OF RESERVATION AND SPECIAL ALLOCATION

5.1 For Pondicherry UT Candidates in Government Sponsored Colleges

Reservations in admission to various degree courses