ORDER :

1. The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to Call for records of the 2nd respondent in his proceedings dated 04.07.2019 and quash the same as illegal and consequently direct the 2nd and 3rd respondent to issue Nativity Certificate for the petitioner.

2. The case of the petitioner is that in order to pursue his higher studies, he is applying to professional courses in Puducherry Union Territory and the admission to professional courses in Puducherry Union Territory is controlled by the 4th respondent herein and as per the prospectus of the 4th respondent for the academic year 2019-2020. As per general information, the applicant should annex Nativity Certificate to avail the benefit of domicile category. In that aspect, the Department Head had issued necessary integrated service certificate which has certified that the petitioner's father permanent address is Kuga Illam, New No.63, Old No.38, Mariamman Koil Street, Pudupet, Lawspet(PO), Puducherry 605 008, which was recorded in his service register. Based on the above certificate, the petitioner's father had applied to the 3rd respondent for getting nativity certificate and an enquiry was conducted in the said application. Though the petitioner submitted all documents inclusive of ration card, aadhar card, etc., the 3rd respondent has rejected the application by stating that the petitioner's father is not residing in Puducherry for five continuous years. Therefore, the petitioner has preferred the appeal before the 2nd respondent and the said appeal was also rejected by the proceedings of the 2nd respondent on 04.07.2019. Therefore, the petitioner having no other effective alternate remedy, approached this Court by filing this writ petition.

3. The learned counsel appearing for the petitioner submitted that petitioner's father Thiru.Nagarajalu was native of Puducherry and completed his school and collegiate education in Puducherry. Later he got appointment in Andaman Lakshadweep Harbour Works at Port Blair and then shifted his residence to Chennai. Thereafter the petitioner's father got married with Tmt.Sivagami of Puducherry on 12.11.2001 and the petitioner Minor N.Karunya Vignesh was born on 26.09.2002 at Chennai and he had studied from I Std to IV Std at Kendriya Vidyala No.I, JIPMER Campus, Puducherry by staying along with his mother in Puducherry and after that he and his mother shifted their residence to Port Blair and he studied there from V Std to XII Std until February 2019. Further the petitioner is residing outside the Puducherry due to the employment of his father and such act cannot be termed as if he is resident of the another State, more particularly when his father's employment is under the Union Government. Moreover the petitioner declared Puducherry as his home town and the Head of Department / employer of the petitioner's father has also issued integrated service certificate by showing his permanent address in Puducherry. However, ignoring the said service certificate, rejecting the petitioner's application is not sustainable. In addition, the petitioner's father and his family members were also granted Community Certificate and other benefits only in Puducherry. Therefore, the act of 3rd respondent in rejecting the request for nativity certificate, shows non application of mind on the part of the 3rd respondent. Furthermore, the rejection order is contrary to G.O.Ms.No.64, dated 25.05.2006 of the Chief Secretariat, Education I Department, issued by the Government of Pondicherry, wherein in Clause 3(d) it is clearly stated held that the children of natives of the Pondicherry Union Territory who have declared any place in the Pondicherry Union Territory as their home town and also certified by their respective Heads of Office. Also, nativity certificate in the prescribed format has to be enclosed along with the admission application. In the present case on hand as held in the said clause, the petitio