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Madras High CourtWP/27410/2015dismissed

Tamil Oli (Minor) v. The Tasildar

2015-10-06Honourable Mr Justice M.M.Sundresh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Writ Petition Nos.27410, 28438 and 29477 of 2015 and M.P.Nos.1,1,1,2,2 and 2 of 2015 R.Tamil Oli (Minor), Rep. By her mother and next friend R.Uma ... Petitioner in all W.Ps.

Vs.

1. The Tahsildar, Taluk Office, 100 Feet Road, Muthaliyarpet, Pondicherry - 605 004 ... R-1 in all W.Ps.

2. The Revenue Inspector, Ariyankuppam Firca, Pondicherry - 605 007 ... R-2 in W.P.No.27410 / 15

3. The Principal, Dr.Ambedkar Government Law College, Mathur Road, Kalapet, Puducherry - 605 014 ... R-2 in W.P.No.28438 / 15 & R-2 in W.P.No.29477 / 15

4) The Convenor, CAPASC, Bharathidasan Govt. College for Women, Pondicherry - 605 003 ... R-3 in W.P.No.28438 / 15 Prayer in W.P.No.27410 / 2015: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records in respect of Order No.3337/TOP/TAH/2015 dated 12.08.2015 mentioned as "In this regard, field enquiry through the Revenue Officials revealed that neither you nor Selvi Tamil Oli are residing at No 156, Postman Street, R.K.Nagar, Ariankuppam" in second paragraph of the first page regarding the issuance of Nationality and Residence Certificates of Puducherry Union Territory issued by the first respondent, to quash the same and consequently to direct the first and second respondents to issue Nationality and Residence Certificates of Puducherry to the petitioner.

Prayer in W.P.No.28438 / 2015: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records in respect of Order No.3337/TOP/TAH/2015 dated 28.08.2015 mentioned as "NOW THEREFORE, I, J.Dayalane, Tasildar, Taluk Office, Puducherry, hereby order that since the Petitioner Selvi.Tamil Oli does not have continuous residence in Puducherry U.T. for the last 5 years during the period of her study in Puducherry more specifically during the last two

years she is not eligible for issue of Residence Certificate in the Prescribed (2)b format. Since Selvi. R.Tamil Oli is not residing in U.T of Puducherry Nationality Certificate also could not be issued to her in the sixteenth paragraph of the third page regarding the issuance of Nationality and Residence Certificates of Puducherry, Union Territory" - issued by the first respondent and to quash the same and consequently to direct the first respondent to issue the petitioner Nationality and Residence Certificates of Puducherry. Prayer in W.P.No.29477 / 2015: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the second respondent to admit the petitioner without insisting the Nationality and Residence Certificates of Puducherry Union Territory which is still pending before the first respondent.

For Petitioner in all W.Ps.

:

Dr. R.Ramalingam For Respondents in all W.Ps.

:

Mr.A.Tamilvanan, Govt Advocate (Puducherry) C O M M O N O R D E R Heard the learned counsel appearing for both sides.

2. As the issue involved in all the above three writ petitions are interlinked, they have been taken up together and disposed of by this common order.

3. W.P.No.27410 of 2015 has been filed challenging the notice dated 12.08.2015 issued by the first respondent. W.P.No.28438 of 2015 has been filed challenging the final order dated 28.08.2015 issued by the first respondent, by which the petitioner was not issued with the Nationality and Residence Certificates of Puducherry, Union Territory, on the ground that she does not have the continuous residence in Puducherry, Union Territory, for the last five years. W.P.No.29477 of 2015 has been filed seeking direction to the second respondent to admit the petitioner without insisting upon the Nationality and Residence Certificates of Puducherry, Union Territory.

4. In so far as the first two writ petitions, viz., W.P.No.27410 of 2015 and W.P.No.28438 of 2015 are concerned, a perusal of the orders impugned would go to show that, as per the Government Order passed in Order No.6260/C2/Rev/2003 dated 06.10.2003, for the issuance of Residential Nativity Certificate, a person has to have his residence in Puducherry, Union Territory, for five years continuously. Admittedly, the petitioner did not satisfy the said criteria, having been the resident of Cuddalore, though it is said to be the nearest place to the Union Territory of Puducherry. Thus W.P.No.27410 of 2015 and W.P.No.28438 of 2015 stand dismissed.

5. In so far as W.P.No.29477 of 2015 is concerned, the learned Government Advocate appearing for the respondents submitted that the petitioner having not satisfied the criteria fixed by the Union Territory of Puducherry, in Government Order made in Order No.6260/C2/Rev/2003 dated 06.10.2003, cannot seek admission with the second respondent / College. The learned Government Advocate further submitted that the admissions, which the petitioner has sought for, are already completed.

6. At the outset, it has to be pointed out that, in page 5 of the prospectus for the academic year 2015-16 issued by the second respondent / College, it is stated as follows:- "2. Those candidates who have passed the qualifying examination for admission to the course for which admission is sought and for that purpose has undergone academic studies for a continuous period of five years in a recognized educational institution in this Union Territory."

7. In view of the above said prospectus, the petitioner cannot be non-suited. It is trite that not only the petitioner but the second respondent is bound by the prospectus. It is also not the case of the respondents that, but for the objection regarding the residence in not having preceding five years by living in Puducherry, the petitioner is not eligible for the seat with the second respondent / College.

8. As the petitioner is eligible to be considered as per the prospectus, the Government Order cannot be put against her at least for the purpose of securing admission with the second respondent / College. It is not the fault of the petitioner as the prospectus thus permit her to consider for admission. Therefore, a direction is hereby issued to the second respondent to admit the petitioner in the second respondent / College forthwith. If there is no vacancy, then the second respondent shall address the case of the petitioner to the Bar Council of Tamil Nadu, who shall take appropriate action in this regard, considering the peculiar facts and circumstances of the case. In that event, the Bar Council of Tamil Nadu will have to take note of the fact that the petitioner is not at fault and being a minor girl, what she wants is an opportunity to study law.

9. In fine, W.P.No.27410 of 2015 and W.P.No.28438 of 2015 are dismissed and W.P.No.29477 of 2015 is disposed of. No costs. Consequently, the connected MPs are closed.

-Sd/- Assistant Registrar //True copy// Sub Assistant Registrar srk To

1. The Tahsildar, Taluk Office, 100 Feet Road, Muthaliyarpet, Pondicherry - 605 004

2. The Revenue Inspector, Ariyankuppam Firca, Pondicherry - 605 007

3. The Principal, Dr.Ambedkar Government Law College, Mathur Road, Kalapet, Puducherry - 605 014

4. The Convenor, CAPASC,Bharathidasan Govt. College for Women, Pondicherry - 605 003

5. The Chairman, Bar Council of Tamil Nadu, Chennai - 104 +5 cc to Dr.R.Ramalingam,Advocate(sr.54023) +1 cc to Office of the Government Pleader (sr54525) Puducherry W.P.Nos.27410, 28438 and 29477 of 2015 and M.P.Nos.1,1,1,2,2 and 2 of 2015 svi(co) cp 08/10/2015