J.JAYASHREE Vs. THE COORDINATOR (ADMISSION)

JUDGEMENT

(1.) The petitioner, being a minor, is represented by her father and natural guardian and he has sworn to the affidavit on behalf of his daughter/petitioner. It is stated in the affidavit filed in support of this petition that the father of the petitioner was appointed as Inspector of Central Excise during April 1994 and was promoted as Superintendent during the year 2013 and he continues to hold the said post as on date. Though the petitioner and her father belongs to Scheduled Caste community, they are being considered only under General Category, because as per the prevailing law, on the basis of origin and migrant, the Scheduled Caste will not be considered under Scheduled Caste category. The petitioner would further state that earlier position was that the Central Government employees who had put in service at least for a minimum period of one year, his ward/child is entitled for submitting application in respect of Centralized admission conducted by the first respondent.

(2.) The petitioner would further state that her father continued and to discharge duties in the Union Territory of Puducherry between June 1999 and except for a short duration at Nagapattinam between 2012 and 2013, has been continuously discharging duties in the office of the Assistant Commissioner of Central Excise, Puducherry, Karaikal, Nagapattinam and at present, serving at Karaikal from 19.12.2013. The petitioner had undergone Higher Secondary Course at Yagappa Matric Hr. Seconday School, Thanjavur and secured 1091 marks out of 1200 marks and she sought admission to professional courses through Centralized Admission Committee (CENTAC) under the domicile of the Union Territory of Puducherry. However, to the shock and surprise of the petitioner, as per the Information Bulletin 2016-17 released by the first respondent, a new set of guidelines has been given with regard to domicile criteria for Union Territory of Puducherry and it is relevant to extract Clause 2.5 of the same:

(3.) It is the stand of the petitioner that she had undergone Higher Secondary Course outside the Union Territory of Puducherry and all of a sudden there is a change in criteria prescribing that Children whose parents are Central Government Servants ............ serving in the Puducherry Union Territory for at least a minimum continuous period of three yeas immediately prior to the last date of submission of application, the children of the above employees should have studied in the Higher Secondary Course of two years in any of the schools in the Union Territory of Puducherry and should have also passed the Higher Secondary Examination from the same school in terms of G.O.Ms.No.04, Higher and Technical Education Department, Puducherry dated 09.02.2016 and thereby depriving the petitioner from participating in the Centralized admission process conducted by the first respondent and technically the said condition is having retrospective effect and therefore, came forward to file this writ petition directing the first respondent to consider her application without taking into consideration Clause 2.5 (C) (i) and (ii) of the Information Bulletin 2016-17 released by the first respondent.