A S SANTHALATHA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) FOR the disposal of this writ petition, the following factual aspects are necessarily to be stated. The petitioner is a native of Kanyakumari District. After completing Plus Two and Teacher Training courses, she registered her name in the employment exchange in that District. She got married to Mr. Albert Daniel on 26. 5. 97. Her husband secured employment in the Government High School, Tiruvarur District on 1. 12. 97. There is no dispute that the husband of the petitioner is working in the said District even as on today. On 3. 2. 99, the petitioner sought for appointment to the post of Teacher in Christ the King English Medium School, Inangudi Post, Nannilam Taluk. In fact she was appointed as a School Assistant during October, 1999 in the said school. Her child, aged about 4 years, is also studying U. K. G. in Vallalar Gurukulam Matriculation School, Nannilam. For the purpose of transfer of registration from Kanyakumari District employment exchange to Tiruvarur District employment exchange, the petitioner should produce a Residence Certificate from the Tahsildar having jurisdiction over the place where the petitioner resides. Such a certificate is a pre-requirement for transfer of the registration from one employment exchange to another employment exchange as per the guidelines framed in Circular No. 22 of 1997. Pursuant to the request, the petitioner was issued with a Residence Certificate by the Tahsildar, Nannilam on 14. 6. 99 certifying that the petitioner has been residing for the last one year at Door No. 13, Pidari Koil Street, Sannanallur, Nannilam Taluk, Tiruvarur District. On the strength of the said certificate, her registration in the employment exchange was transferred from Kanyakumari District to Tiruvarur District on 27. 7. 99. Pursuant to the said transfer of registration, the petitioner was issued with an interview card for the post of Secondary Grade Teacher on 29. 11. 2000. Before the petitioner could be considered for appointment, the certificate issued by the Tahsildar, Nannilam dated 14. 6. 99 was cancelled by the District Collector on 22. 12. 2000. Questioning the said order, the petitioner had earlier filed W. P. No. 183 of 2001, which was ordered on 14. 3. 2001 by directing the District Collector to consider the matter afresh for grant of Residence Certificate, more particularly, with reference to the Circular No. 22 of 1997. After hearing the petitioner, the first respondent District Collector, by the impugned order dated 28. 4. 2001, again cancelled the Residence Certificate issued by the Tahsildar on 14. 6. 99. The petitioner thereafter questioned the said order before the Tamil Nadu Administrative Tribunal, but was unsuccessful. Hence, the present writ petition.

(2.) WE have heard Mr. N. Paulvasanthakumar, learned counsel for the petitioner and Ms. G. Kavitha, learned Government Advocate for the respondents.

(3.) ACCORDING to the learned counsel for petitioner, inasmuch as the petitioner had produced documents to sustain her proof of residence within the jurisdiction of Tahsildar, Nannilam Taluk, her right to the Residence Certificate cannot be deprived by the District Collector. For the reasons namely, that the petitioner did not take steps to cancel her name from the ration card at Kanyakumari District and that having married in the year 1997 and her husband has been in employment in Tiruvarur District from December, 1997, the petitioner did not take any steps to get the Residence Certificate in Nannilam Taluk, she was denied registration of her name in Tiruvarur District. The reasons adduced are extraneous to the issue, as the relevant consideration should be only in respect of the fact as to whether the petitioner is a resident of the place within the jurisdiction of Nannilam Taluk and whether the petitioner would be entitled to register herself in the employment exchange on the strength of the Residence Certificate, more particularly, in the face of the Circular No. 22 of 1997.