The judgment emphasized the importance of considering the criteria for obtaining a Nativity Certificate and the distinction between residence and nativity.

JUDGMENT :

PUSHPA SATHYANARAYANA, J.

Prayer: Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order in Procs. C4/1538/2020 dated 01.10.2020 passed by the 2nd respondent, quash the same as null and void and consequently directing the 2nd respondent to issue Nativity Certificate.

1. The writ petition is directed against the order passed in Procs. C4/1538/2020 dated 01.10.2020 by the 2nd respondent, refusing to grant Nativity Certificate to the petitioner.

2. The petitioner is an aspirant of medical education. She was born on 13.05.2002 in Chennai. She belongs to Backward Class community having Tamil as her mother tongue. Originally, she resided in Chennai till her second grade and subsequently, went to Dubai along with her parents, as her father got transferred to Dubai. Thereafter, she continued her education in Dubai upto Grade 10 and came back to Chennai to complete her 11th and 12th standards from S.B.O.A. School, Chennai under CBSE pattern.

3. The petitioner has applied for NEET examination for this academic year. As Nativity Certificate is one of the documents to be submitted along with application for medical counselling, the petitioner applied for the same before the second respondent vide Application No. TN-3202007217108 dated 21.07.2020. The same was returned on the ground that the petitioner did not pursue her studies for the last five years preceding 12th standard examination. In this regard, the petitioner pointed out that her mother's date of birth is 20.09.1980, who was born in Tiruvannamalai and she has enclosed the birth certificate of her mother. Her mother had studied in the Corporation School, Chennai District and was married to the father of the petitioner, which was registered before the District Registrar, Chennai North and the Marriage Certificate is also produced. Though the second respondent had issued Nationality Certificate and Community Certificate, he refused to issue Nativity Certificate, without which, the petitioner will not be able to attend the medical counselling.

4. The petitioner had her education in Dubai due to the avocation of her father. After a direction from this court to consider her application at the earliest, the second respondent passed the impugned order dated 01.10.2020 rejecting the application of the petitioner on the ground that there was no proof of stay of the petitioner in Tamil Nadu for the last five years and the said order was communicated to the petitioner only on 06.10.2020.

5. A counter affidavit has been filed by the second respondent on the same groundS as that of the impugned order.

6. The learned counsel for the petitioner would submit that the petitioner herself was born in Chennai and upto her second Grade, she had studied in Chennai only. The mother of the petitioner was also born in Tamil Nadu at Tiruvannamalai and her birth certificate has also been produced. The marriage of petitioner's parents was solemnised at Chennai and the same was registered with the District Registrar, Chennai North. The parents of the petitioner also owns a house in No. 5 (Old No. 9/2) Bakthavatchalam Colony 2nd Street, Vadapalani, Chennai and has been paying property tax. The petitioner's mother's Aadhar card and the Family card, all are in the same address. The Electoral Roll and Census list having contained the name of mother and the petitioner and the other utility services, namely LPG purchase receipts have also been produced to show their continuous residence in Tamil Nadu. The impugned order also mentions about the enquiry being conducted in this regard.

7. As admitted by the petitioner, she had her schooling till second grade and thereafter, she went to Dubai to study upto 10th standard and came back to Chennai for her 11th and 12th standards and completed her +2 in the year 2020. The only reason found by the Tahsildar is that, the details of the father of the girl ha