IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

P.Aiswarya .. Petitioner

Vs.

1. The Deputy Collector (Revenue),

Mahe – 673310,

The Union Territory of Puducherry. 2. The Deputy Tahsildar (Revenue),

Sub Taluk Office, Mahe - 673310.

3. The Director,

Health and Family Welfare Department,

Puducherry-605001. .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order of the first respondent in No.293/DCRM/A-1/2021, dated 06.03.2024 confirming the order passed by the second respondent in No.262/STOM/T3/2024, dated 02.03.2024 and quash the said orders and direct the respondents to issue Nativity/Residence Certificate to the petitioner.

For Petitioner : Mr. P.Rajendran

For Respondents : Mr. R.Sreedhar

Additional Government Pleader (Puducherry)

O R D E R

This Writ Petition has been filed seeking to quash the impugned order of the first respondent in No.293/DCRM/A-1/2021, dated 06.03.2024 confirming the order passed by the second respondent in No.262/STOM/T3/2024, dated 02.03.2024 and to direct the respondents to issue Nativity/Residence Certificate to the petitioner.

2. The learned Counsel appearing for the petitioner would submit that the third respondent, the Director of Health and Family Welfare, Puducherry, issued notification on 27.09.2023 inviting applications from the eligible candidates for recruitment to the post of Nursing Officer. The petitioner is fully qualified for appointment to the post of Nursing Officer in the Directorate of Health and Family Welfare, Government of Puducherry and hence, she applied for the said post and her name has also been included in the provisional selection list dated 24.02.2024 under Most Backward Class (MBC) category against Sl. No.2. Thereafter, vide notification dated 26.02.2024 the Director of Health and Family Welfare, Puducherry had instructed the provisionally selected candidates to report at his office from 26.02.2024 to 01.03.2024 along with original certificates submitted along with their application forms and the acknowledgement card and further directed them to ensure that their Caste/Residence/Nativity Certificates were obtained within one year prior to the date of notification and their employment card is currently renewed/active. Immediately thereafter, the petitioner made application for issuance of Residence/Nativity Certificate before the second respondent. However, the second respondent passed a rejection order in No.262/STOM/T3/2024, dated 02.03.2024. Aggrieved by the said rejection order of the second respondent, the petitioner had preferred an appeal before the first respondent and the first respondent had dismissed the appeal confirming the order passed by the second respondent. Challenging the said order of the first and second respondents, the present Writ Petition has been filed.

3. The learned counsel appearing for the petitioner would submit that admittedly, the petitioner was born and brought up at Mahe and her permanent address is at Mahe. She studied at the Government Higher Secondary School, Mahe. The documentary evidence submitted by her viz., her Higher Secondary Examination Certificate, Aadhaar Card, Voter ID, Ration Card, Employment Exchange Registration Card, Passport, Marriage Certificate etc., were all obtained from the authorities at Mahe. He would further submit that her marriage took place on 20.03.2021 and she was residing at Mahe region for 26 years till her marriage. After her marriage, the petitioner went to Dubai with her husband and worked as Nurse at Clinica Sabha LLC from 31.03.2022 to 11.05.2023. Thereafter, she returned to Mahe on account of marital problem with her husband and she had filed O.P.No.2 of 2024 before the Family Court/Sub Court, Mahe, for dissolution of marriage and she is residing with her parents at Mahe and thereafter, she made application to participate in the recru