JUDGMENT :

(Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus after calling for the concerned records from the 3rd and 4th respondent, quash the order of the 3rd respondent dated 30.09.2021 bearing No.720/DCRM/A.1/2021/690 and the order of the 4th respondent dated 27.07.2021 bearing No.200/STOM/T3/2021 as illegal, arbitrary and contrary to law and consequently direct the 3rd and 4th respondent to issue residential/residency certificate pursuant to the online application no.PBMRD0000403701 dated 07.07.2021 within the time frame stipulated by this Hon'ble Court and further direct the 2nd respondent to consider the application of the petitioner for admission to non NEET professional courses on the basis that the petitioner is resident of Union Territory of Puducherry.)

1. The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus after calling for the concerned records from the 3rd and 4th respondents, to quash the order of the 3rd respondent dated 30.09.2021 bearing No.720/DCRM/A.1/2021/690 and the order of the 4th respondent dated 27.07.2021 bearing No.200/STOM/T3/2021 as illegal, arbitrary and contrary to law and to consequently direct the 3rd and 4th respondent to issue residential/residency certificate pursuant to the online application no.PBMRD0000403701 dated 07.07.2021 within the time frame stipulated by this Court and to further direct the 2nd respondent to consider the application of the petitioner for admission to non NEET professional courses on the basis that the petitioner is resident of Union Territory of Puducherry.

2. The learned appearing for the petitioner submits that the petitioner is native of Kerala State and resident of Mahe District, Puducherry. She made an application to Pondicherry Government for issuance of Residential Certificate in order to participate in the NEET (UG) examination.

3. It is the further case of the petitioner that her parents have been living in Pallor village since 1996 and her mother did her predegree examination in University of Calicut during June 2002 and, thereafter, she did B.Sc. Degree in Botany in Mahatma Gandhi Government Arts College, Mahe and got B.Sc. Degree from Pondicherry University in May 2003 thereafter, she completed her M.Sc. in Mahe Government College in the year 2005 and further she joined B.Ed. Course in Sri Narayana College of Education, Mahe and got her degree in June 2006 awarded by the Pondicherry University. Thereafter, she got married to one Dr.C.K.Abdul Basheer, who belongs to Cheruparamba, Kolavallur Village, Thalassery Taluk, Kannur District, Kerala. Even after marriage, she was residing along with her parents at Pallor and she has three children through the wedlock and she was living with her parents continuously at Pallor. Adjacent to Pallor, the border of Kerala State begins and the nearest town from Palloor is Thalasserry, which is about 7 Kilometers. Thereafter, from 1st to 7th Standard her daughter/petitioner studied in Chinmaya Vidyalaya, Kannur, which is about 30 Kms from Palloor and further she was admitted in Excel Public School in Chalakkara, Mahe from 8th Standard. Due to her inability to continue in the said school, she was again admitted at Chinmaya Vidhyalaya, Kannur. She completed SSLC in the said school and joined Excel Public School, Chalakkara, Mahe for +2 Course and completed the course in April 2021 and claims that she resided along with her mother permanently in Mahe, Union Territory of Pondicherry.

4. After completing her higher studies, the petitioner applied for Residence Certificate, Community Certificate and Migration Certificate to the authorities concerned. The 4th respondent issued Community Certificate and Migration Certificate, however denied issuance of Residence Certificate. Challenging the said rejection, this Writ Petition is filed by the petitioner.

5. The learned counsel appearing for the petitioner would submit that admitt