VINCY DINAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The question falls for consideration in this matter is whether the third respondent is justified in declining Nativity Certificate to the petitioner who is brought up in the State of Kerala on the ground that the place of birth of the petitioner and her parents happened to be outside the State.

(2.) The father of the petitioner hails from Thoothukudi in the State of Tamil Nadu. He came to the State of Kerala long before the birth of the petitioner and settled at Choornikkara, within the jurisdiction of the third respondent. The mother of the petitioner who has been residing with the father of the petitioner at Choornikkara also hails from Thoothukudi. It is stated that going by the custom prevailing in the family of the petitioner, the mother of the petitioner had to be with her parents at Thoothukudi while giving birth to the petitioner and the petitioner happened to be born at Thoothukudi in the aforesaid circumstances. The mother of the petitioner came back to Choornikkara after the birth of the petitioner and the petitioner was brought up at Choornikkara. It is also stated that the petitioner did her schooling in the State of Kerala and later obtained B.Pharm Degree from the Kerala University of Health Sciences. The petitioner needs Nativity Certificate for pursuing higher studies. The application preferred by the petitioner for Nativity Certificate was, however, rejected by the third respondent in terms of Ext.P14 communication, stating that since the petitioner and her parents are not born in the State of Kerala, she cannot be issued Nativity Certificate. Ext.P14 communication is under challenge in this writ petition.

(3.) Heard the learned counsel for the petitioner as also the learned Government Pleader.