JUDGMENT :

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records on the file of the third respondent relating to the impugned order dated 14.06.2016 bearing Ref.No.26/STOM/T3/2016 and quash the same and consequently direct the respondents to issue Nativity cum Residence Certificate to the petitioner.)

1. The order impugned dated 14.06.2016 rejecting the claim of the petitioner for grant of Nativity Certificate, is under challenge in the present writ petition.

2. The petitioner states that she is fully qualified to be appointed as a Primary School Teacher and the third respondent issued a Notification on 02.11.2015, inviting applications for appointment to the post of Primary School Teacher. The petitioner applied for the said post and was selected.

3. On selection, the candidates have to submit the required fresh Nativity/Residence Certificate, as there are many issues involved in the matter of submission of Nativity Certificate by the candidates.

4. The petitioner applied for the Nativity Certificate and the said application was rejected on the ground that the petitioner was not ordinarily residing in Mahe within the territorial jurisdiction of the Union Territory of Puducherry. Challenging the said order, the petitioner moved the present writ petition.

5. The learned counsel for the petitioner strenuously contended that the petitioner was born at Mahe and her father was employed in the Electricity Department of Union Territory of Puducherry. Both her father and herself were continuously residing in Mahe and therefore, she is entitled for Nativity Certificate and thus, the rejection order is not in accordance with the Government guidelines issued for issuance of Nativity Certificate.

6. The learned counsel for the petitioner is of an opinion that the petitioner was residing continuously at Mahe and she produced all the relevant documents and evidences to establish the same and in spite of that, the order impugned has been issued by the third respondent.

7. The counter-affidavit filed by the third respondent reveals certain facts. The guidelines issued by the Secretary (Revenue), Puducherry vide Order No.6260/C2/Rev/2003, dated 06.10.2003 for the issue of Residence Certificate states that:

(i) The candidate or whose parent (either Mother or Father or Both) or Guardian (in the case of children, who have lost both the parents) has been residing continuously in this Union Territory for atleast five years preceding the date of application;

(ii) Those who have passed SSLC/HSC or any other public examination and for that purpose had undergone academic studies continuously for 5 successive classes immediately preceding the qualifying examination (including the year of the qualifying examination) in recognized educational institutions located in Puducherry Union Territory and having their residence in Puducherry Union Territory for 5 years continuously during that period;

(iii) Children of Central/State Government Servants/Defence Personnel/Central Paramilitary Forces/Employees of Public Sector Undertakings wholly or substantially run either by the Central Government or by the Puducherry Union Territory Administration posted and serving in the Puducherry Union Territory for atleast a minimum period of one year prior to the last date of submission of application;

(iv) Children of Defence Personnel, who were killed or disabled in action and children of Central Government Servants/Puducherry Union Territory Government Servants/Defence Personnel/Employees of Public Sector Undertakings as referred in category (iii) who died while in service in Puducherry Union Territory;

(v) Children of Defence Personnel, who were killed or disabled in action and children of Central Government Servants/Puducherry Union Territory Government Servants/Defence Personnel/Employees of Public Sector Undertakings as referred in category (iii) who died while in servi