2025 Supreme(Online)(Mad) 35269
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs Justice J. NISHA BANU
R.S.PRATHIBA – Appellant
Versus
UNION OF INDIA – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on 14.07.2025 Pronounced on 17.07.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.No.25382 of 2025 and W.M.P.No.28550 of 2025 R.S.Prathiba . Petitioner -vs-
1. Union of India, Rep. by the Secretary to Government (Revenue), Chief Secretariat, Puducherry-605 001.
2. The Special Secretary (revenue)-cum-
District Collector-cum-District Magistrate, Department of Revenue and Disaster Management, I-Floor, New Revenue Complex, Vazhudavoor Road, Puducherry-605 009.
3. The Tahsildar, Oulgaret Taluk Office, Selva Vinayagar Koil Street, Pakkamudaiyanpet, Lawspet, Puducherry-605 008.
4. The Coordinator Centralised Admission Committee (CENTRAC), Kamarajar Manimandapam, Karuvadikuppam, Puducherry-605 008. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records of the 3rd Respondent with No.3313/TOO/A/Certi/2025 dated 27.06.2025, quash the same and consequently to direct the 3rd Respondent to issue community certificate to the petitioner based on the community certificate issued to the mother of the petitioner.
For Petitioner : Mr.V.Ajayakumar For Respondents : Mr.V.Vasanthakukmar Addl. Govt. Pleader (Pondy)
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O R D E R
(Order of the Court was made by J.NISHA BANU,J.
This writ petition has been filed, challenging the impugned order of the 3rd Respondent dated 27.06.2025 made in No.3313/TOO/A/Certi/2025 and to direct the 3rd Respondent to issue community certificate to the petitioner based on the community certificate issued to the mother of the petitioner.
2. Mr.V.Vasanthakukmar, learned Additional Government Pleader (Pondy) takes notice for the respondents.
3. The case of the petitioner is that her parents got married on
22.08.2025 and out of wedlock, they gave birth to two daughters. The petitioner is the elder daughter and has come out successful in her HSC examinations by securing 89% of marks. Since the petitioner has been expecting admission in the professional courses through CENTAC, she applied for a community certificate on the basis of the community and nativity certificates issued to her mother. The marriage of her parents was an inter-caste marriage and her application for community certificate based on her mother's certificate was rejected on that ground.
4. It is further case of the petitioner that the Government Order issued by the Government of Puducherry, facilitating issuance of community certificate on the basis of the community certificate of either of the parents was repealed. Against the repealing Act, a Writ Petition was filed before a Single Judge of this Court, in which, this Court directed the authorities to issue community certificate on the basis of the mother's community certificate and the said view has been confirmed by the Division Bench of this Court. When the judgment was taken up before the Supreme Court by the Government of Puducherry, the order of the learned Single Judge was upheld by the Supreme Court and the matter has attained finality. Even thereafter, the respondents have been denying issuance of community certificate on the basis of the mother's nativity / community certificate.
5. It is also case of the petitioner that the denial to issue community certificate on the ground that her parents are inter-caste couple is highly arbitrary and illegal. The petitioner's parents are natives of Puducherry and have obtained Aadhar Card, Voter's Identity Card, Ration Card, etc. The petitioner has been made to run from pillar to post, despite the fact that similarly placed persons have been extended the benefit.
6. The impugned order of rejection has been assailed by the petitioner on the ground that on account of rejection of the application of the petitioner by the 3rd respondent, her legitimate right to apply for professional course under MBC is deprived. Though the petitioner has scored highest