Two Writ Petitions by two siblings was filed under Article 226 of the Indian Constitution. The petitions owed to the fact that they were not being issued a fresh Residence / Nationality / Community Certificate. They belong specifically to ‘Hindu Thuluva Vellalaa’ community which is recognised as OBC (Other Backward Community) in the Union Territory of Puducherry. The matter was heard and decided upon by the bench of Justice N. Sathyanarayana and Justice R Hemalatha.
Facts of the Case
The petitioner is W.P. No. 16345/2020 is R. Swetha (a minor) while that in W.P. No. 16349/2020 is R. Santhiya. As both the petitions are of similar nature, they were decided upon together.
Both the petitioners are the daughters of Late Raju and represented by their mother and natural guardian Mrs. K. Selvi.
Their mother Mrs. K. Selvi has sworn an affidavit stating, inter alia, that she was born in 1976 at Puducherry. Her birth was registered and she has completed her education from Union Territory of Puducherry. She has further stated in her affidavit that she was also issued Electoral ID and so was her elder daughter R. Santhiya.
Both the petitioners in the instant petitions are NEET candidates and have secured good marks. However, they contend that despite the production of authentic certificates, their request for issuance of origin certificates is kept pending.
Arguments Before the Court
The counsel for the petitioners submitted that despite producing concerned authentic documents and certificates, their request for issuance of the Origin Certificates is not granted. The petitioners being NEET candidates, the issuance of the origin certificate could greatly help their chances as they belong to the “Hindu Thuluva Vellalaa’ community, which is recognised as OBC in the Union Territory of Puducherry.
The counsel for the respondents maintained that the Field Inspection would be carried out by the jurisdictional Village Administrative Officer of Bahore. It will, in turn, submit the report to the Tahsildar, Bahore Taluk Office. The counsel further prayed for an outer time limit of two weeks to consider and dispose of the representation of the mother of the petitioners.
Court’s Observations
The Court perused the materials placed before it. The Court noted that prima facie, i.e., on the first instance, that the petitioners did undergo studies in Puducherry. Apart from that, the Department of Revenue and Disaster Management, Taluk Office, Bahore, also issued the Nationality Certificates to the petitioners.
Court’s Order
The Court directed the Tahsildar, Bahore Taluk Office, Puducherry to take into consideration the said materials objectively and pass appropriate orders. It should be passed within 10 days from the date of the receipt of the order. The writ petitions were thus disposed of.
Read the original judgment here.
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