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2025 Supreme(Online)(Mad) 65533
IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.NISHA BANU, M.JOTHIRAMAN, JJ
E.Ramadevi – Appellant
Versus
The Tahsildar, Villianur Taluk, Puducherry – Respondent
W.P.No.27186 of 2025
For the Petitioner: Mr.M.R.Thangavel
For the Respondent: Mr.V.Vasanthakumar Addl. Govt. Pleader (Pondy)
Community certificates must be issued based on the mother's origin if supported by valid documentation, despite paternal lineage claims.
Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Petition for community certificate based on mother's origin - The petitioner's son is entitled to a community certificate as the petitioner belongs to Hindu Adi Dravida community - Respondent's denial contrary to previous court judgments requiring issuance based on maternal origin - Delays may deprive the son of educational opportunities. (Paras 1-13)
(B) Legal Position - Based on established case law, community certificates can be issued based on mother's origin, and administrative practices hindering this are unconstitutional. (Paras 8-12)
Facts of the case:
The petitioner sought a community certificate for her son based on her Scheduled Caste status, facing administrative rejection linked to her husband's background.
Findings of Court:
The Court directed the issuance of the community certificate to the petitioner's son within four weeks, emphasizing adherence to previous case law and administrative duties.
Issues: The main issue was the validity of issuing a community certificate based on maternal origin versus paternal lineage.
Ratio Decidendi: The court reaffirmed that community certificates must be issued based on maternal origin when established by valid documentation, adhering to constitutional principles of equality.
Result: The writ petition is allowed, and directions issued.
The judgment of the Supreme Court, as reflected in the provided document, affirms that community certificates can be issued based on the origin of the mother when supported by valid documentation. The Court has emphasized that administrative practices that hinder this process are unconstitutional and violate the principles of equality enshrined in the Constitution. The Court has directed authorities to issue community certificates to individuals based on their maternal origin without requiring them to obtain separate judicial orders, provided that the supporting documents are verified and found to be genuine (!) (!) (!) (!) (!) (!) .
| Table of Content |
|---|
| 1. petitioner's claim for community certificate based on maternal lineage. (Para 1 , 2 , 3 , 4 , 5) |
| 2. court's observations on administrative practices and legal precedents. (Para 7 , 8 , 9 , 11 , 12) |
| 3. court's decision allowing the issuance of the community certificate. (Para 10 , 13) |
IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on 24.07.2025 Pronounced on 11.08.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.No.27186 of 2025 E.Ramadevi . Petitioner -vs-
The Tahsildar, Villianur Taluk, Puducherry-605 110. ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India , praying this Court to issue a Writ of Mandamus, directing the respondent herein to issue community certificate to the petitioner's son C.Kishore based on the petitioner's community (mother's origin).
For Petitioner : Mr.M.R.Thangavel For Respondent : Mr.V.Vasanthakumar 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 for a direction to the respondent herein to issue community certificate to the petitioner's son C.Kishore based on the petitioner's community (mother's origin).
2. Mr.V.Vasanthakukmar, learned Additional Government Pleader (Pondy) takes notice for the respondent.
3. The case of the petitioner is that her parents belong to Hindu Adi Dravida, a Scheduled Caste community and as such, she also belongs to Hindu Adi Dravida Community. Her husband by name Chandran was earlier issued with a Adi Dravidar certificate and later, when an application for fresh certificate was filed, it was rejected on the ground that his father belonged to Vanniar and his mother was said to have migrated to Pondicherry after the Presidential Notification under Article 341 of the Constitution of India dated 05.03.1964.
4. It is further case of the petitioner that when she applied for a community certificate for her son on the basis of her origin, she was informed that the community certificate cannot be issued based on the origin of the petitioner, as her husband also does not fall under Scheduled Caste category. The action of the respondent is contrary to the judgment dated 21.12.2023 of this Court passed in W.P.No.34933 of 2023, holding that whenever an application for community certificate is sought based on the origin of the mother, the same shall be considered without driving the individual to file obtain a separate order and the same was approved by the Division Bench of this Court in W.P.No.34929 of 2023 on 19.11.2024. When the order of the Division Bench was challenged before the Apex Court in S.L.P.(Civil) Diary No.56593 of 2024, the same was dismissed as withdrawn.
5. The petitioner has stated that when she is in possession of a valid community certificate, certifying that she belongs to Hindu Adi Dravida Community, her children are automatically entitled to the same status as per the dictum laid down by this Court in a number of cases. The respondent, without adhering to the directions issued by this Court, has failed to consider the application of the petitioner. According to the petitioner, her son is pursuing IX Standard in Adiya Vidyasharam Residential School, Porayur, Villianur, Puducherry and the requirement of community certificate is much needed for her son for the XII Standard Board Examinations. Hence, the petitioner is before this Court. 6. Per contra, learned Additional Government Pleader (Pondy)
has contended that normally, the issuance of community certificate will be considered on the basis of the original of the father, as it is not permissible to allow a person to choose a particular caste to avail benefits. In that event, the intention of legislature to bring up the downtrodden will be defeated. The petitioner's husband does not fall within the ambit of Hindu Adi Dravida ST community and as such, the claim of the petitioner cannot be granted, ignoring Rules, guidelines, etc., frame
