UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) HEARD the arguments of Mr. Murugesan, learned Government Pleader (Puducherry), assisted by Mr. Syed Mustafa, learned Special Government Pleader (Puducherry) representing the Union of India, Government of Puducherry, Ms. R. Vaigai, Mr.V.Ajay Kumar, Ms. G. Thilakavathy learned counsels and Mr. K. Venkataramani, learned Senior Counsel leading Mr.M.Muthappan appearing for the private parties and perused the records.

(2.) IN this batch of writ petitions, the question raised is whether the employment notifications issued by the Government of Puducherry requiring the candidates to produce Certificate of Residence by birth, Certificate of Residence for having residence for the last five years in Puducherry before the date of notification and / or Service Certificate obtained from the respective Head of Office in respect of children / spouse of State Government servants who were working on regular basis as a pre-requisite for considering their applications, is legally permissible.

(3.) IN W.P. No. 3156 of 2003, the contesting respondent (Tmt. Sindhu Jayarajan) was in possession of M.Sc. Degree in Chemistry as well as M.Phil together with a Degree in Education. Pursuant to the notification in April 2000 issued calling for the post of Lecturers in Higher Secondary Schools run by the Government of Puducherry, she submitted her application. The employment notification, apart from the other requirements, required the candidates to produce the following certificates:- a. Certificate of residence by birth issued after 31.03.97 b. Certificate of residence obtained for having a continuous residence for the last five years as on 31.03.2000 c. Service Certificate obtained from the respective Head of Office in respect of children / spouse of State Government servant. She submitted her application but no appointment was made pursuant to the said notification.