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Madras High CourtWP/26584/2024disposed of

T.Veerlakshmi v. Union Of India

2025-06-16Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2025

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.26584 of 2024 T.Veeralakshmi

...Petitioner

Vs.

1.Union of India, Union Territory of Puducherry, rep. by Secretary to Government, Directorate of School Education, Government of Puducherry, Puducherry.

2. The Sub-Collector (Revenue) South, Office of the Sub-Collector(Revenue) South, Government of Puducherry, Puducherry.

... Respondents Prayer: Writ Petition filed under Article 226 of th Constitution of India seeking to issue a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent in Order No.3839/SCRS/B7/CertAppeal/2024/1649 Villianur dated 07.08.2024 and quash the same and consequently direct the respondents to issue Community Certificate to the petitioner as scheduled caste.

For Petitioner : Mr.C.Vigneswaran For Respondents : Mr.V.Vasanthakumar, Addl.Government Pleader

ORDER

This Writ Petition has been filed challenging the order passed by the 2nd respondent, in and by which, the request of the petitioner for issuance of Scheduled Caste (origin) certificate was denied. The petitioner has also prayed to direct the respondents to issue Community Certificate to the petitioner as belonging to Scheduled Caste community.

2. The case of the petitioner is that the petitioner's father was a native of Puducherry and also was a Government Servant in the Union Territory of Puducherry. The petitioner had completed her primary schooling, higher Secondary and College Education in the Union Territory of Puducherry. Further, her Aadhar card, Voters ID, Caste Certificate and Nationality Certificate had been issued by the Union Territory of Puducherry. The Directorate of School Education issued a Notification on 18.01.2024 calling for applications for recruitment to the post of lecturer in the Government Schools in Puducherry,one under General, one under MBC and one under Schedule Caste (Divorced) Category. Since the petitioner was eligible for the post of Lecturer in Physics she had applied for the said post under SC (Divorced) category. The petitioner was provisionally selected as per the notification dated 05.07.2024. On 08.07.2024, the Director of School Education called for Certificate verification. At the time of verification, the petitioner was sought to

produce fresh nativity and community certificate. Pursuant to the same, the petitioner applied for the same, but the Tasildhar and the Deputy Collector rejected to issue fresh certificate on the ground that her father had migrated to Puducherry after 1964 and therefore, not entitled to claim reservation as SC under the Constitution (Pondicherry) Scheduled Caste Order 1964. The petitioner also preferred an appeal before the 2nd respondent and the same was also rejected. Hence, the present writ petition.

3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

4. Learned counsel for the petitioner would state that the petitioner was already issued with the Schedule Caste certificate on 21.06.2005. Since the petitioner applied for employment for the post of Lecturer in Physics under SC (Divorced) category, she was insisted to produce the community certificate afresh. Therefore, she applied for the same before the respondents, but the same was rejected by the respondents.

5. The learned Additional Government Pleader would state that the petitioner is not the origin of Puducherry and hence, the origin certificate could not be issued to the petitioner.

6. It is seen that the petitioner was already issued with Scheduled Caste Community Certificate. Though the respondents are not able to issue origin certificate, they cannot deny the issuance of Schedule Caste community certificate to the petitioner. Therefore, the respondents are directed to issue community certificate to the petitioner stating that the petitioner belongs to Schedule Caste community forthwith. Accordingly, the Writ Petition is disposed of. No costs.

[J.N.B.,J.] [M.J.R.,J.] 16.06.2025 vsi Speaking order/Non-speaking order To 1.The Secretary to Government,Union of India, Union Territory of Puducherry, Directorate of School Education, Government of Puducherry, Puducherry.

2. The Sub-Collector (Revenue) South, Office of the Sub-Collector(Revenue) South, Government of Puducherry, Puducherry.

J.NISHA BANU,J.

AND M.JOTHIRAMAN,J.

vsi 16.06.2025