ORDER

(Order of the Court was made by N.Mala,J.)

This Writ Petition has been filed to direct the respondents to issue community certificate to the petitioner based on her mother's origin.

2. The case of the petitioner is that she belongs to Hindu

Adi-Dravida community which is classified as Schedule Caste Community. She is the permanent resident of Puducherry and her parents belongs to very same Schedule Caste Community having valid birth certificate issued by the Ariyankuppam Commune Panchayat, Puducherry. Though petitioner's father belong to Hindu Adi-Dravida Scheduled Caste Community, he does not have valid documents to prove that he is an origin of Puducherry Schedule Caste.

3. Learned counsel appearing for the petitioner submitted that the

Government of Puducherry was following the practice of issuing origin Schedule Caste certificate based on the residential status of father on the basis of O.M.No.9565/C2/Rev/2000 dated 10.11.2000 issued by Revenue

Department, Government of Puducherry. Further, the Government refused to issue community certificate on the basis of the residential status of the Mother vide memorandum dated 10.11.2000 and the same was challenged before this Court in W.P.No.30841 of 2002 and the issue regarding community certificate on the basis of residential status of mother has reached its finality as per the orders of the Hon'ble Apex Court in Civil Appeal No.9082 of 2014.

4. He further submitted that when the petitioner had approached the 2nd respondent for issuance of community certificates, he directed the petitioner to approach the Court and get specific orders, since the earlier judgment pronounced by the Court was only with regard to the individual.

5. Learned counsel appearing for the petitioner drew the attention of this Court to the Judgment in the case of reported in, in which, the learned Judge held in Para 32

and 36 as follows:

" 32. Assessing all the above factors and to put them in a nutshell, relating to the question of issuance of the Scheduled Caste Certificate in favour of the children of the parents of the origin of Pondicherry State on the date of the notification of the Presidential Order, migrants from other States on the date of the said notification means whether both the parents, on the date of the said notification should have been born and continue to reside in Pondicherry, as it is advocated on the part of the respondents here or in the case of any one of the parents whose origin is from outside the Pondicherry limits, whether the claim of Scheduled Caste Certificate should be rejected in to and whether such rejection is reasonable within the meaning of Articles 14 and 15 of the Constitution of India, or whether either father or mother of the same Adi Dravida community hails from outside the territorial limits of Pondicherry and by virtue of marriage with the other spouse comes and lives at Pondicherry and gives birth to children and in such event by virtue of the other spouse being an origin of Union Territory of

Pondicherry whether the children born to them in spite of having been born to parents of Adi Dravida community should forego their right to get a Scheduled Caste Certificate just for the simple reason that it is the origin of the father that would only be taken as a criteria and not the mother as per the impugned memorandum and in such event, such criteria fixed by the Government interpreting the G.O. and superseding the earlier memorandum issued dated 3.8.1995 which insisted that if either of the parents has the origin at Pondicherry, it is sufficient for their children to get a Scheduled Caste Certificate is within the parameters of the law and the constitutional rights guaranteed under the relevant Articles 14 and 15 of the Constitution of India, and therefore, it is necessary to have a little discussion on these Articles.

36. In result,

(i) for all the above discussions held, the above writ petition stands allowed;

(ii) the impugned memorandum issued by the first respondent