SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, PUDUCHERRY; CHAIRMAN, CENTRALIZED ADMISSION COMMITTEE (CENTAC), PUDUCHERRY ENGINEERING COLLEGE CAMPUS, PUDUCHERRY; CONVENOR, CENTRALIZED ADMISSION COMMITTEE, PUDUCHERRY UNION TERRITORY Vs. MINOR R NANDHINI

JUDGEMENT

(1.) Introductory:

(2.) The father of the minor respondent was posted as Additional District Munsif-cum-Judicial Magistrate at Puducherry. He took charge on 26 June 2014. The minor respondent on the strength of clause 2.5 (c) of the Prospectus issued by the Centralised Admission Committee (hereinafter referred to as "CENTAC"), Puducherry applied for admission to the MBBS course for the academic session 2015-16. Since the minor respondent was short by 25 days to satisfy the eligibility criteria, representation was submitted by her father to grant relaxation. Thereafter writ petition in W.P.No.17947 of 2015 was filed to consider the application under the Puducherry Domicile Category. The writ petition was allowed by the learned Single Judge. Feeling aggrieved, the appellants are before us.

(3.) The learned Additional Government Pleader submitted that the father of the minor respondent joined duty only on 26 June 2014. Though he satisfied the term "posting" there was no compliance of the other condition relating to "serving for atleast one year". According to the learned Additional Government Pleader, posting alone is not the criteria. It should be coupled with the service for the required period. Since there is a shortage of 25 days to satisfy the criteria the application of the minor respondent was not considered. It was contended that without considering the mandatory condition of one year minimum service in the Union Territory, the learned Single Judge issued a Mandamus to give admission.