K. KRITHIKA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ appeal has been directed to set aside the order dated 17.09.2019 passed in W.P.No.26529 of 2019.

(2.) The appellant got admission in the third respondent Institute called JIPMER on 28.06.2019 under the quota reserved for residents of Puducherry and thereafter, on receipt of complaints from public, the second respondent The Deputy Collector (Revenue) North cum Sub-Divisional Magistrate (North), Villianur, Puducherry, has conducted enquiry and found that the residential certificate issued to one Mr.K.Kumar, who is father of the appellant, by the Tahsildar, Taluk Officer, Oulgaret, was based on false informations given by Mr.Kumar. Therefore, the second respondent vide proceedings dated 23.08.2019 cancelled the residential certificate bearing C.No.2023/TOO/TLK/2019 dated 06.05.2019 issued in favour of Mr.K.Kumar, since it had been issued based on false informations. Assailing the above order of the second respondent, dated 23.08.2019, the appellant has filed writ petition in W.P.No.26529 of 2019 seeking to quash the above proceedings. The learned Single Judge, by order dated 17.09.2019, dismissed the writ petition directing the third respondent Institute/JIPMER to cancel the admission given to the appellant and return all her certificates forthwith. Aggrieved against the order dated 17.09.2019, the appellant has filed the present writ appeal.

(3.) According to learned counsel appearing for the appellant, the appellant secured 479 marks out of 500 in her ICSE 10th Board Examination in the year 2017 and 491 marks out of 500 in her ISC 12 th Board Examination in the year 2019 and she stood School first both in her 10th and 12th Board examinations. Thereafter, the appellant appeared for various entrance examinations for Medicine such as NEET, JIPMER and AIIMS with her present address in Chennai and for JIPMER she has claimed reservation as a resident of Pondicherry, as her father is working and residing at Pondicherry for about 22 years. The appellant's father Mr.K.Kumar is working in Pondicherry Engineering College, Pillaichavady, Puducherry - 605 014 and is presently holding the post of Professor in the Department of Electronics and Communication Engineering and he had been residing at E/1 type IV quarters Pondicherry Engineering College, Pillaichavady, Puducherry, from 15.10.1995 to 31.08.2005. During the year 2000, he got married and the appellant was born on 16.01.2002. In the year 2005, the appellant's father was deputed on duty by PEC to pursue Ph.D at Anna University, Chennai, and therefore, he moved to Chennai and after completing his higher studies, he again moved to a private house in Pondicherry and is still working at Pondicherry. In the year 2019, the appellant's father has applied for residential certificate as he is working and residing at Pondicherry for more than 22 years and based on the same, the appellant has got admission in JIPMER. While she is studying, the impugned order in the writ petition has been passed by the second respondent cancelling the residential certificate of the father of the appellant, which is illegal and has to be quashed.