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2019 Supreme(Mad) 2261
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBBIAH, C. SARAVANAN, JJ.
P. Udhayanilavan - Petitioner
Versus
The Secretary, Department of Revenue and Disaster Management, Government of Puducherry, Puducherry & Others - Respondent
W.P.No. 15630 of 2019 & C.M.P.No. 15525 of 2019
Decided On : 21-10-2019
For the Petitioner:V. Vijay Shankar, K. Vaiyavi, K. Umesh Rao, Advocates.
For the Respondents: A. Gandhiraj, Government Pleader (Puducherry).
Headnote:
Constitution of India, 1950 – Article 226 - Scheduled Castes Order, 1964 - Challenged Impugned Caste Certificate - Community Certificate - Certificate has not been Cancelled and is Subsisting - Petitioner has challenged impugned caste Certificate bearing reference No - 2434/TOB/A3/2018 issued by 2nd respondent under Constitution (Scheduled Caste) Order, 1950 and for a consequential direction to direct 2nd respondent to issue a caste Certificate under provisions of Constitution (Pondicherry) Scheduled Caste Order 1964 - Petitioner’s father originally hails from District Tamil Nadu and was issued with a Caste Certificate - Subsequently fresh caste Certificate was issued to petitioner’s father under provisions of Constitution Scheduled Castes Order, 1964 - This certificate has not been cancelled and is subsisting – Held, Status as a resident and not status of origin of a citizen that is relevant for issue of Community Certificate under Constitution Scheduled Caste Order 1964 - Whether petitioner’s father migrated before or after is of no significance as Hindu Community is a Scheduled Caste Community both under Constitution Scheduled Caste Order 1964 and under Constitution (Scheduled Caste) 1950 - Therefore we direct Authorities concerned to verify genuineness of petitioner’s claim that petitioner indeed belongs to Hindu Scheduled Caste Community - If that be so petitioner should be issued with a Hindu Scheduled Caste Community Certificate under Constitution Scheduled Caste Order 1964 – Petition Dismissed.
JUDGMENT :
C. SARAVANAN, J.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus by calling for the records and quashing the Community Certificate bearing No.2434/TOB/A3/2018 dated 14.05.2018 by the 2nd respondent in favour of the petitioner herein and consequently issue a Writ of Mandamus directing the 2nd respondent to issue a Community Certificate under the Constitution (Pondicherry) Schedule Castes Order 1964.
1. Heard the learned counsel for the petitioner and the Government Pleader (Puducherry).
2. The petitioner has challenged the impugned caste Certificate dated 14.05.2018 bearing reference No.2434/TOB/A3/2018 issued by the 2nd respondent under the Constitution (Scheduled Caste) Order, 1950 and for a consequential direction to direct the 2nd respondent to issue a caste Certificate under the provisions of the Constitution (Pondicherry) Scheduled Caste Order 1964.
3. Petitioner’s father originally hails from Cuddalore District, Tamil Nadu and was issued with a Caste Certificate on 20.09.1989. Subsequently, fresh caste Certificate was issued to the petitioner’s father on 14.12.2001 under the provisions of the Constitution (Pondicherry) Scheduled Castes Order, 1964. This certificate has not been cancelled and is subsisting.
4. The petitioner claims to be resident of Puducherry and therefore applied for a caste Certificate. He was issued with the impugned caste Certificate dated 14.05.2018 bearing reference No.2434/TOB/A3/2018 by the 2nd respondent under the Constitution (Scheduled Caste) Order,1950. This was produced by the petitioner before the 3rd respondent for the purpose of admission for the academic year 2018-19.
5. The 3rd respondent however refused to accept the same stating that the petitioner was not eligible for reservation on the strength of the said certificate as it was not issued under the provisions of the Constitution (Pondicherry) Scheduled Castes Order, 1964 but under the provisions of the Constitution (Scheduled Caste) Order, 1950 and therefore the petitioner cannot be considered for reservations in the Union Territory of Puducherry.
6. According to the petitioner, he was wrongly issued with the caste certificate under the Constitution (Scheduled Caste) Order, 1950 instead of Constitution (Pondicherry) Scheduled Castes Order, 1964.
7. The 2nd respondent has filed a counter and stated that the writ petition is liable to be dismissed. According to the 2nd respondent, the caste Certificate of the petitioner’s father dated 14.12.2001 was not clear and was not traceable and hence its authenticity cannot be accepted and therefore caste certificate cannot be issued to him under the Constitution (Pondicherry) Scheduled Castes Order, 1964 based on his father's caste certificate.
8. It was further submitted that the petitioner’s father was a native of Azhagiyanatham Village in Cuddalore District and therefore the petitioner’s father himself was not eligible for the caste Certificate under the provisions of the Constitution (Pondicherry) Scheduled Castes Order, 1964.
9. According to the 2nd respondent, the petitioner’s brother was issued the certificate with the Permanent Integrated Certificate (PIC) bearing No. PY/TOB/A3/61/000 4401 dated 19.06.2017 which clearly indicated that the petitioner’s family had migrated from Tamil Nadu as was the case with the petitioner’s sister also who was issued with the migration Scheduled Caste certificate bearing No.2434/TOB/A3/2018 dated 14.05.2018.
10. It was therefore submitted that as the petitioner’s family was residing in Puducherry only after 1964 Presidential Order was issued based on which Permanent Integrated Certificate (PIC) was recommended to the petitioner’s siblings. Therefore, there was no question of issuing a fresh caste certificate to the petitioner under the Constitution (Pondicherry) Scheduled Castes Order, 1964.
11. It was further submitted that the cut-off date for determining the origin/migrant status o
