D VIDJEACOUMARY Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the Petitioner, under Article 226 of the Constitution of India, seeking an order in the nature of writ of certiorarified mandamus, to call for the records relating to the order, dated 19.2.2007 passed by the second Respondent, in No. 105/TOO/D/2007/105, and quash the same and consequently direct the second Respondent to issue Scheduled Caste (Origin) Certificate to the Petitioner's daughter R. Arthi, based on the Petitioner's residential status.

(2.) According to the Petitioner, she is a permanent resident of Puducherry State, originally known as Pondicherry, having been born on 1.11.1962. She was employed as Headmistress, Gr. II in Subramaniya Bharathiyar Government Girls Higher Secondary School at Puducherry. Her parents belong to Pudhucherry by domicile as Hindu Adi-Dravida Community recognised as a Scheduled Caste as per the Constitution (Pondicherry) Scheduled Caste Order 1964. Her husband V. Ranganathan is working as Lecturer in the Education Department of Pondicherry Administration for the past 18 years. Her husband also belongs to Hindu Adi-Dravida Community and he is residing in Pondicherry for the past twenty years. Out of their wedlock, she gave birth to a female child on 30.9.1989 at the Maternity Hospital, Pudhucherry and the said daughter of the Petitioner is also residing in Pudhucherry, ever since from the date of her birth.

(3.) In the said circumstances, the Petitioner submitted that a representation on 11.1.2007 to the second Respondent, Tahsildar, Olugaret Taluk Office, Pudhucherry was made by the Petitioner, requesting to issue Scheduled Caste (Origin) Certificate to her daughter, R. Arthi, based on her residential status and that was negatived by the second Respondent. Aggrieved by which, this writ petiiton has been filed.