R. Subbiah, J.

The present Writ Petition is filed for issuance of a Writ of Mandamus to direct the second respondent to issue Community Certificate to the petitioner to the effect that the petitioner belongs to Scheduled Caste category of Puducherry.

2. It is the case of the petitioner that his father and mother belong to Scheduled Caste category. The petitioner's mother is a native of Puducherry by birth and she was born at Bahourpet, Puducherry. The petitioner's father is a native of Poothurai, which is adjacent village to Puducherry, in Tamil Nadu. The petitioner's father got appointment in the year 1976 in the Food Corporation of India and was posted at Puducherry. The Transfer Certificate and other school records show that the petitioner's community is marked as Adi Dravida. In fact, the respondents have issued Community Certificate to the petitioner's brother Prasad on 11.07.1986 showing that he is a Scheduled Caste candidate of Puducherry. Since the petitioner was getting all the benefits of Scheduled Caste candidate for his studies on the basis of the entry in the school records, he did not apply for Community Certificate previously. He applied for Community Certificate on 28.01.2015 for submitting application for employment. The respondents have refused to accept the application form stating that the petitioner's father belongs to Scheduled Caste of Tamil Nadu and his mother's status cannot be considered for grant of Community Certificate at all. It is further stated by the petitioner that since he was born and brought up in Puducherry, he is entitled for Community Certificate, as his parents belong to Scheduled Caste category. Hence, the petitioner has come forward with the present Writ Petition for the relief stated supra.

3. Learned counsel for the petitioner submitted that the petitioner is a B.E. degree holder and his parents belong to Scheduled Caste category coming under the Presidential Order for Puducherry. The petitioner and his brother were enjoying the benefits of Scheduled Caste category. The petitioner's brother was issued with Community Certificate. Hence, the petitioner applied for Community Certificate on 28.01.2015 for employment, but the same was refused by the respondents stating that his father is a native of Poothurai, which is an adjacent village to Puducherry and it comes within the territorial jurisdiction of Tamil Nadu and the petitioner's father came to Puducherry only after 1964. As per law, the persons would be entitled to all the benefits extended to the Scheduled Caste persons who were "resident" on 05.03.1964 when the Presidential Notification giving the list of Scheduled Castes for the Union Territory of Puducherry, was issued.

4. Learned counsel for the petitioner further contended that though the father of the petitioner came to Puducherry after 1964, still the petitioner can be issued with Community Certificate, especially on the basis of the Government Order issued on 03.08.1995 in No.6175/C2/Rev/95, since as per Clause (c) of the above G.O., the Community Certificate can be issued if the applicant and either of the applicant's parents are residing in Puducherry since birth. Learned counsel for the petitioner also submitted that the Puducherry Administration has clearly emphasised that while deciding social status of Scheduled Caste/Scheduled Tribe persons of origin and migrated, it must be verified that the applicant and either of the applicant's parents are residing in Puducherry since birth. After some time, a Circular was issued by the Government dropping Clause (c) of the above G.O. and it is stated that the applicant's father must be an origin of Puducherry. Learned counsel for the petitioner further submitted that since Clause (c) of the G.O. dated 03.08.1995 which says that, "the Community Certificate can be issued if the applicant and either of the applicant's parents are residing in Puducherry since birth", was dropped by Circular Memorandum No.9565/C2/Rev/2000 date