MINOR PRATHIBA Vs. UNION TERRITORY OF PUDUCHERRY

JUDGEMENT

(1.) THE writ petition is directed against the impugned order passed by the fourth respondent in his proceedings No.No.206/PRATHIBA/STOM/T3/2010 dated 29.09.2010 to quash the same with consequential direction to the respondents herein to issue the Residence Certificate for 5 years as requested by the petitioner.

(2.) MR.T.Murugesan, learned senior counsel appearing for the petitioner submitted that the petitioner is resident of Mahe and Sales Tax Practitioner recognised by the Government of Puducherry, Commercial Taxes Department and further, he submitted that the petitioner's wife Smitha is also resident of Mahe. Whileso, the minor petitioner Prathiba was born on 20.05.1993 in Shemy hospital, Thalassery, Mahe. The petitioner's son K.P.Goutham was also born in Mahe and studying in Jawahar Navodaya Vidyalaya, Mahe. In this regard, the fourth respondent, the Deputy Tahsildar (Revenue), Mahe has issued a Residence Certificate certifying that the petitioner was resident of Mahe, living in Door No.6/509, Chalakara dated 30.05.2003. In an effort to fortify his case, the learned senior counsel appearing for the petitioner also mentioned that the voters Identity card issued under the community health insurance scheme by the Government of Puducherry in the name of the petitioner's mother Smitha also stand proof to support the case of the petitioner that she is a resident of Mahe. It was further stated that the petitioner has completed her XII Standard by securing 92% marks in the Senior schools Certificate examination, conducted by the Central Board of Secondary Education (CBSE). While so, when the second respondent issued the information bulletin regarding the admission to professional courses for the year 2010-2011 stating that the person aspirating to apply for professional course should submit a Residence Certificate in terms of Clause 5.1.7. of the bulletin, the petitioner approached the fourth respondent for issuance of a Residence Certificate by producing all necessary proofs for issuance of a Residence Certificate along with earlier Residence Certificate issued by the very same Fourth Respondent on 30.05.2003. But the fourth respondent without appreciating any of the facts included in the earlier Certificate issued by him, wrongly issued the impugned order dated 24.06.2010/29.09.2010 stating that the father of the petitioner owns a house at Mokeri, Panoor with address No.X/89, Kalyani Villas Mokeri, Kannur District. Since no enquiry was conducted in this regard, aggrieved by the said order, the petitioner gave a representation to the third respondent, the Regional Administrative Officer, Mahe explaining her case in detail with several other documents to substantiate her claim that he has been voluntarily residing for more than a decade yet the third respondent by passing the impugned communication dated 30.06.2006 rejected the request of the petitioner for the issuance of Residence Certificate for five years. As the third respondent has held that the petitioner was not residing in Mahe region for the past five continuous years, the petitioner filed a writ petition in W.P.No.14413 of 2010 before this Court and this court by order dated 25.08.2010 remanded the matter back to the Authorities for fresh disposal with a clear direction to the respondent to consider the case on the basis of G.O.Ms.48 dated 12.12.2002 along with the guildelines No.6260/C2/Rev/2003 dated 06.10.2003 and also in the light of the documents to be produced on the side of the petitioner by keeping in mind the judicial authorities cited by the petitioner. Inspite of the direction remanding the matter back, though the petitioner made a fresh application to the fourth respondent on 17.09.2010 along with sufficient documents to prove the petitioner's residence in Mahe, after holding enquiry, the fourth respondent rejected all the documents produced by the petitioner and finally refused to issue Residence Certificate to the petitioner. Aggrieved by the same, the petitioner has come before this Court.

(3.) THE case of the petitioner goes to say that as per Clause 2.6, the candidate or whose parents have been continuously residing in the Union Territory for five years preceding the date of application are entitled to get the residence certificate as required under Clause 5.1.7. THErefore, it is relevant to extract Clause 2.6 and 5.1.7. of Information Bulletin. 2.6. Candidates belonging to Pondicherry UT are eligible for admission to all the degree courses. A candidate is considered as a Pondicherry UT candidate if he/she satisfies at least one of the following domicile criteris. A) Those candidates or whose parents have been residing continuously in the Pondicherry UT at least for 5 years immediately before the date of application. b) Those who have passed SSLC/HSC or any other public examination and for that purpose had undergone academic studies continuously for 5 successive classes immediately preceding the qualifying examination (including the year of the qualifying examination) in recognized educational institution(s) located in Pondicherry UT and having their residence in Pondicherry UT for 5 years continuously during that period. 5.1.7. Candidates claiming admission under this category should be residents of the respective region, for a continuous period of five years, preceding the date of application. As per the above clause, to claim admission under special allocation from Puducherry, Karikal, Mahe and Yanam regions, candidates should have studied in the recognized schools located in the respective regions continuously for three years, immediately preceding the qualifying examination (including the year of the qualifying examination), mere stay in places such as residential hostel would not amount to residents. THEy should produce residence certificate from the competent authority not below the rank of Deputy Tahsildar."