Pudhucherry Bhim Sena v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.10.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN Pudhucherry Bhim Sena REG. NO.1179/2005 Rep. By its Secretary : Petitioner Vs 1.Union of India Rep. By its Secretary Ministry of Social Justice and Empowerment New Delhi.

2.Union of India Rep. By its Secretary Ministry of Home Affairs (UT division) New Delhi 3.Union Territory of Puducherry rep. by Chief Secretary, Puducherry.

4.The Secretary Department of Revenue and Disaster Management Government of Puducherry, Puducherry.

5.The District Collector, Puducherry 6.The Centralised Admission Committee (CENTAC) rep. by its convenor (or Member Secretary) Directorate of Higher and Technical Education Government of Puducherry, Puducherry-605

7.Adi Dravidar Welfare and Scheduled Tribes Welfare Department rep. by its Secretary Kamaraj Salai Gnanathiyagu Nagar, Thattanchavady Puducherry - 605 009.

(R7 SUO Motu impleaded vide order dated 09.07.2025) 8.Puducherry Origin SCheduled Caste Women & Family Welfare Association rep. by its Joint Secretary No.234, Mariamman Koil Street Chinnapet Thrubuvanai Puducherry - 605 107 9.R.Jayassandiran (R8 R9 Impleaded vide order dated 06.08.2025 made in WMP.31507/2025) : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents in particular the Government of Revenue and Disaster Management to forthwith implement and strictly comply with circular No.12017/2/2018-SCD (R.L. Cell) dated 22.02.

2018 issued by the Ministry of Social Justice and Empowerment, Government of India, in the matter of issuance of Scheduled Caste Community certificates to interstate migrants and consequently to restrict the benefit of reservation under the Scheduled Caste category in the Government of Puducherry exclusively to persons whose paternal lineage (i.e. father's origin) is traceable to Puducherry as per the Constitution (Pondicherry) Scheduled Castes Order, 1964 and further to forbear the respondents from extending any reservation benefit in education and employment under the Puducherry quota to migrant and wards of migrant fathers who have obtained scheduled caste community certificates based solely on the mother's origin in Puducherry.

For Petitioner :

Mr.P.R.Thiruneelakandan For Respondents :

Mr.K.Subbu Ranga Bharathi, C.G.C., for respondents 1 and 2 Mr.V.Vasanthakumar, Addl. Government Pleader (Puducherry) for respondents 3, 4, 5 and 6 Ms.M.N.Sumathy,

for respondents 3 and 9 No appearance for respondent No.7

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) After having heard the learned counsel for the petitioner, we do not think it would be proper for this Court to enter into the issue relating to validity of caste certificate, without advertence to the facts and circumstances of a given case. The petition filed by the Association, for that reason, has to be dismissed. Accordingly, the petition is dismissed. There will be no order as to costs.

2. The question of law is, however, kept open for being considered in appropriate case as and when it arises. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 08.10.2025 Index : Yes/No : Yes/No tar

To 1.The Secretary Ministry of Social Justice and Empowerment New Delhi.

2.The Secretary Ministry of Home Affairs (UT division) New Delhi 3.The Chief Secretary, Puducherry.

4.The Secretary Department of Revenue and Disaster Management Government of Puducherry, Puducherry.

5.The District Collector, Puducherry 6.The Convenor (or Member Secretary) Centralised Admission Committee (CENTA) Directorate of Higher and Technical Education Government of Puducherry, Puducherry-605 7.The Secretary Adi Dravidar Welfare and Scheduled Tribes Welfare Department Kamaraj Salai Gnanathiyagu Nagar, Thattanchavady Puducherry - 605 009.

8.The Joint Secretary Puducherry Origin SCheduled Caste Women & Family Welfare Association No.234, Mariamman Koil Street Chinnapet Thrubuvanai Puducherry - 605 107

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.

(tar) 08.10.2025