The denial of nativity certificates for temporary residence without proper assessment is arbitrary. Disability assessments must consider actual capabilities rather than mechanical standards, respecting the Rights of Persons with Disabilities Act.

ORDER :

MANINDRA MOHAN SHRIVASTAVA, CJ.

The right to access to justice and right to equality and equal treatment claimed by a person with disability are ingrained in the basic human rights, in addition to it being recognized under the Constitution of India and given effect to by the law makers by enacting the Rights of Persons with Disabilities Act, 2016 [for brevity, “the Act”]. However, those principles enshrined in texts, at times, find difficult to be operated on ground realities majorly because of attitudinal behaviour and approach which lacks sensitivity, in utter disregard to right to equality.

2. The petitioner seeks issuance of a writ of mandamus to direct respondents 1 to 3 to issue Nativity and Community Certificates within two weeks to the petitioner based on the G.O.Ms.No.48 dated 12.12.2002 and, consequently, direct respondent No.4 to act on such certificates for the purpose of his appointment as Junior Engineer.

3.1. A recount of the facts, in a nutshell, runs thus: The petitioner is a physically challenged person and was selected for appointment as a Junior Engineer in the Electricity Department in Puducherry. Though the petitioner was born and bred in Puducherry, the nativity certificate has been denied to him for the sole reason that after his mother’s death during Covid, as there was no one to help him in Puducherry, the petitioner went to stay with his sister and relatives in Arasalankudi Village, which is nearer to the border of Karaikal.

3.2. The asseverations are to the effect that the petitioner was born in Puducherry on 04.10.1992 and pursued his school education in Puducherry, followed by B.Tech in Electrical and Electronics Engineering from Pondicherry Engineering College, Puducherry. The Deputy Tahsildhar, Thaluk Office Olugeret, Puducherry, had already issued a community certificate dated 28.08.2007 certifying that the petitioner belongs to Thuluva Vellela community and the Government of Puducherry, Department of Revenue and Disaster Management, Thaluk Office, Oulgaret, had issued certificate dated 15.12.2007 certifying that the petitioner is an Indian national and resident of Union Territory of Puducherry.

3.3. According to the petitioner, he suffers from “hereditary sensory motor neuropathy” and the Department of Orthopaedics, Government General Hospital, Puducherry and District Centre for Disability, D.S.W., Puducherry, has issued medical certificate dated 09.12.2009 certifying that the petitioner falls under the category of orthopaedically handicapped persons, fixing the extent of disability at 40%. The petitioner was issued unique disability identity card by the Government of India certifying locomotor disability at 40% and is, forsooth, receiving monthly financial assistance under the Social Welfare Department, Puducherry. Moreover, it is pleaded that all his government issued identity proofs, namely Aadhar Card, Ration Card, Pan card and Voter ID, would reflect that he is a native of Puducherry.

3.4. It is asserted that the petitioner applied to the post of Junior Engineer (Electrical) and participated in the competitive exam. He secured 65.50 marks and was provisionally selected for the said post under the OBC category, subject to verification of original certificates issued by the competent authorities. Subsequently, the fourth respondent herein called upon the petitioner to appear for certificate verification and required the petitioner to produce Nativity/Residence Certificate and Community Certificate issued within one year from the date of the results of selection.

3.5. It is stated that the petitioner immediately applied to the third respondent for issuance of nativity certificate and community certificate. The third respondent issued “Previous Residence Report” dated 23.06.2025 stating that the petitioner earlier resided at No.255, M.G.Road, Muthialpet, Puducherry, from the year 2001 to 2004, and later shifted the residence to some