BEENA Vs. REGIONAL ADMINISTRATOR

JUDGEMENT

(1.) BY consent of both parties, the main writ petition is taken up for final hearing and disposal.

(2.) THIS writ petition has been filed praying for the issuance of a Writ of Certiorarified Mandamus to call for and quash the order of the first respondent, dated 2.7.2009, and to direct the first respondent to issue Residence/Nationality certificate to the petitioners, as residents of Puducherry Union Territory.

(3.) IT has been further stated that the first petitioner, being a resident of Navajothy, Palloor, Mahe, her name has been included in the Family Ration Card No.003556, the Voter's List and in the Election Identity Card No.PY/01/029/012088, dated 9.11.1994. IT has been further stated that the second petitioner had applied for admission to the M.B.B.S course at the second respondent Institute, for the academic session 2009-2010. She had appeared for the entrance examination conducted, on 7.6.2009. Thereafter, the second petitioner has been provisionally short listed for admission to the M.B.B.S course, for the session 2009-2010, against P-UR Category, based on her performance in the entrance examination and in accordance with the merit list published, on 10.6.2009. The second petitioner has been called to appear for the counseling to be held, on 15.7.2009. At the time of the counseling, she has been asked to produce various certificates, including the Residence Certificate/Nationality Certificate issued by a revenue authority, not below the rank of Tahsildar, as she has claimed the medical seat under the P-UR quota. IT has been further stated that the first petitioner had applied for Residence Certificate/Nationality Certificate, along with all the required documents showing proof thereof. The Village Administrative Officer, had also conducted an enquiry and on verification of the documents he was convinced about the residence of the petitioners. However, the first respondent had issued an order, dated 2.7.2009, rejecting the request of the petitioners stating that the petitioners have not shown that they have been physically residing at Mahe during the preceding 5 years. In such circumstances, the petitioners have preferred the present writ petition before this Court, under Article 226 of the Constitution of India.