R.SUBRAMANIAN
M. Malarvizhy – Appellant
Versus
Union of India – Respondent
JUDGMENT :
R. SUBRAMANIAN, J.
Prayer: Writ Petition filed Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records on the file of the 1st respondent relating to the impugned orders on the file of the respondent relating to the impugned order bearing No. 1-4/SS [Rev]/DRDM/PA/2010 dated 07.01.2016 and the 2nd respondent relating to the impugned order bearing Ref. No. 2712/TOB/AI/CERT/2015-16 dated 20.01.2015 and quash the same and consequently direct the 2nd respondent to issue Resident Certificate to the petitioner.
1. Challenge in the writ petition is to the rejection of the claim for Nativity Certificate made by the petitioner.
2. The petitioner who is a native of Puducherry by birth, applied for the post of Primary School Teacher called for by the Government of Puducherry and got selected. Upon selection, the petitioner was required to produce a Nativity Certificate. The Prospectus that was issued calling for applications required that the applicant should be a native of Puducherry either by birth or by continuous residence.
3. Nativity by birth is shown to mean “the applicant should have been born in the Union Territor
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