M. MALARVIZHY Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in the writ petition is to the rejection of the claim for Nativity Certificate made by the petitioner.

(2.) The petitioner who is a native of Puducherry by birth, applied for the post of Primary School Teacher called for by the Government of Puducherry and got selected. Upon selection, the petitioner was required to produce a Nativity Certificate. The Prospectus that was issued calling for applications required that the applicant should be a native of Puducherry either by birth or by continuous residence.

(3.) Nativity by birth is shown to mean "the applicant should have been born in the Union Territory of Puducherry and should have been ordinarily residing within the Union Territory of Puducherry prior to the date of application.". Nativity by continuous residence is shown to mean "the applicant should have been residing continuously for five years in the Union Territory prior to the date of application."