Madras High Court
P.Suguna vs The Thasildar-Cum-Executive ... on 9 December, 2021
WP No.40399 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09-12-2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.40399 of 2015
And
MP No.1 of 2015
P.Suguna .. Petitioner
vs.
1.The Thasildar-cum-Executive Magistrate,
Villiyanur Taluk Office,
Puducherry.
2.The Director,
Directorate of School Education,
Government of Puducherry,
Puducherry. .. Respondents
Writ Petition is filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Certiorarified Mandamus, calling
for the records of the first respondent in his proceedings No.3566/
TOV/A2/Certificates/2015-16 dated 04.12.2015 and quash the same as
illegal and consequently direct the first respondent to issue the Residence /
Nativity Certificate, Nationality Certificate and Community Certificate to the
1/14
https://www.mhc.tn.gov.in/judis
WP No.40399 of 2015
petitioner within the time frame fixed by this Court and further direct the
second respondent to appoint the petitioner in the post of Primary School
Teacher.
For Petitioner : Mr.L.Chandrakumar for
Mr.K.Sasindran
For Respondents : Mr.J.Kumaran,
Additional Government Pleader
(Puducherry)
ORDER
The proceedings of the Tahsildar-cum-Executive Magistrate,
Villiyanur Taluk Office, Puducherry dated 04.12.2015 is sought to be
quashed in the present writ petition and a further direction is sought for to
issue Residence/Nativity Certificate, Nationality Certificate and Community
Certificate to the petitioner and direct the second respondent to appoint the
petitioner in the post of Primary School Teacher in the School Education
Department of Government of Puducherry.
2. The petitioner states that she has completed the Diploma in
Teacher Education in the year 2009 and appeared for Tamil Nadu Teacher
https://www.mhc.tn.gov.in/judis
WP No.40399 of 2015
Eligibility Test. The petitioner enrolled herself in the Puducherry
Employment Exchange. The Recruitment Notification was issued by the
Government of Puducherry on 26.05.2015, inviting applications for
recruitment to the post of Primary School Teacher. The petitioner applied for
the said post and she was provisionally selected to the post of Primary
School Teacher.
3. On selection, the Authorities Competent asked the petitioner
to produce the Residence Certificate. Thus, the petitioner submitted an
application to the first respondent on 13.10.2015 through the Village
Administrative Officer with a request to issue the Residence Certificate,
Nationality Certificate and Community Certificate. The Village
Administrative Officer forwarded the application of the petitioner to the
Revenue Inspector and an enquiry was conducted. Thereafter, the order
impugned was passed, rejecting the application submitted by the petitioner.
4. The learned counsel for the petitioner strenuously contended
that the petitioner has furnished 17 documents, including Birth Certificate,
https://www.mhc.tn.gov.in/judis
WP No.40399 of 2015
School Certificate, College Certificate, Electoral/Voter Identity Card, Ration
Card etc. None of these documents are considered by the Competent
Authorities.
5. Contrarily, the first respondent has relied upon the
documents collected by the Village Administrative Officer and rejected the
application. When the Birth Certificate and other required Certificates are
produced, the Authorities Competent ought to have considered the case of
the petitioner for the purpose of grant of Residence Certificate. The
petitioner was born and brought up at Puducherry and completed her School
Education and was earlier issued with the Residence Certificate. Thus there
is no reason whatsoever to reject the application for grant of Residence
Certificate.
6. The learned counsel for the petitioner relied on the judgment
of this Court dated 29.06.2012 passed in WP No.10905 of 2012, wherein
this Court allowed the writ petition, directing the respondents to pass fresh
https://www.mhc.tn.gov.in/judis
WP No.40399 of 2015
orders in the light of the documents produced by the petitioner in that writ
petition.
7. In another judgment of this Court dated 21.09.2020 passed in
WP No.12354 of 2016 also, this Court considered the case of the petitioner
therein and directed the respondents to issue the Nativity Certificate. Relying
on these judgments, the learned counsel for the petitioner reiterated that the
documents furnished by the petitioner also to be considered in entirety and
the Residence Certificate is to be issued in favour of the petitioner.
8. The learned Additional Government Pleader (Puducherry)
objected the said contentions of the petitioner by stating that in the case of
the petitioner, no doubt the Authorities have received the documents from
the petitioner and all those documents were considered by the Competent
Authorities. There are candidates, who all are possessing Ration Cards,
Voter/Electoral Identity Cards in two States. Therefore, the Puducherry
Government has taken a decision that the Residence Certificate shall be
issued to the candidates ordinarily residing for five years continuously for
https://www.mhc.tn.gov.in/judis
WP No.40399 of 2015
the purpose issuing the Residence Certificate.
9. In this context, the Authorities have to conduct an enquiry
before issuing the Residence Certificate and there are many number of bogus
Certificates are being produced only for the purpose of getting public
appointments in the Government of Puducherry. To avoid duplications and
in order to provide appointments only to the genuine residents of
Puducherry, the Government of Puducherry issued guidelines and
instructions, so as to ensure that the Residence Certificates are issued only to
persons, who all are residing for about five years ordinarily within the Union
Territory of Puducherry. This being the guidelines and instructions issued by
the Government of Puducherry, the case of the petitioner is to be considered
with reference to the Rules in force.
10. Pursuant to the application submitted by the petitioner, the
Village Administrative Officer of Kunichempet Revenue Village, conducted
an enquiry The Village Administrative Officer collected some documents to
https://www.mhc.tn.gov.in/judis
WP No.40399 of 2015
establish that the name of the petitioner as well as her family members are
available in the Electoral Voters List of Vanur Assembly Constituency
within the State of Tamil Nadu. There are some other documents available to
establish that the family members of the petitioner are having similar
documents in the State of Tamil Nadu also.
11. In this context, in the application submitted by the
petitioner before the Competent Authority, the petitioner has stated that the
applicant hails from No.24-B, Thiruvannamalai Road, K.R.Palayam,
Thirukkanur. She belongs to Hindu Religion and Vanniar Caste. Her father
is a farmer and her father and mother are not working in any Government
Service. With reference to the said information by the petitioner before the
Competent Authorities, the findings of the Field Inspection Officer is to be
looked into.
12. The Field Enquiry Report furnished by the Village
Administrative Officer of Kunichempet Revenue Village and from the copy
of the evidences gathered, it is explicit that the applicant Selvi Suguna,
https://www.mhc.tn.gov.in/judis
WP No.40399 of 2015
D/o.Purushothaman is not residing in 24-B, Thiruvannamalai Road,
K.R.Palayam, Thirukkanur of Kunichempet Revenue Village of Villianur
Taluk of Puducherry Region. The applicant furnished her father is a farmer
not working in any Government Service, but on verification, the Authorities
found that her father works as a Junior Assistant in Tamil Nadu Civil
Supplies Corporation in Kancheepuram District. Further, the records and the
documents were created in Puducherry Union Territory for the purpose of
claiming the opportunities available to the ordinarily residing candidates of
Puducherry Union Territory.
13. This Court is of the considered opinion that the field
inspection conducted by the Competent Authorities is to be relied upon in
such circumstances, where the Authorities have considered all those
documents, conducted a field inspection and taken a decision. But in the
present case, all 17 documents filed by the petitioner were considered and
further the Village Administrative Officer also collected documents and
furnished the same before the Competent Authorities. Beyond all those
documents, a field inspection was conducted, wherein the Authorities found
https://www.mhc.tn.gov.in/judis
WP No.40399 of 2015
that the petitioner is not residing in No.24-B, Thiruvannamalai Road,
K.R.Palayam, Thirukkanur of Kunichempet Revenue Village of Villianur
Taluk of Puducherry Region. This being the finding of the fact by the
Competent Authorities, this Court cannot interfere with such finding, which
was made after conducting the filed inspection by the Competent
Authorities.
14. The very purpose and object of conducting such enquiry by
the Authorities are to ensure that the public employments are to be provided
to the genuine residents of the Union Territory of Puducherry. In order to
secure public employments, large number of candidates are manipulating
certain records, including Ration Cards, Electoral Voters List etc., and
producing such documents to secure the public employments.
15. Noticing such illegalities, the Government of Puducherry
has taken action and to curb such irregularities, imposed certain restrictions
for issuing Residence Certificates and accordingly, even in cases where
documents are produced, field inspections are conducted and the facts are
https://www.mhc.tn.gov.in/judis
WP No.40399 of 2015
gathered and thereafter Residence Certificate has been issued. This being the
procedures followed by the Competent Authorities, this Court do not find
any infirmity or perversity in the impugned order of the first respondent.
16. As far as the judgment in WP No.10905 of 2012, dated
29.06.2012, relied upon by the petitioner is concerned, the findings are
unambiguous that out of the list of about 27 documents submitted by the
petitioner therein, the third respondent has actually considered only two or
three documents. The Court has not considered the other aspects, including
the field inspection/enquiry conducted by the Competent Authorities. In view
of the fact that the documents produced by the petitioner therein were not
considered by the Competent Authorities, this Court quashed the order
impugned and directed the Authorities to pass fresh orders by considering
the above documents. This apart, each case is to be decided on its own
merits and as far as the case relied upon is concerned, the facts are
dissimilar and therefore, the same is of no avail to the petitioner for the
purpose of getting the relief sought for in the present writ petition and as far
as the other judgment, namely, WP No.12354 of 2016 dated 21.09.2020 is
https://www.mhc.tn.gov.in/judis
WP No.40399 of 2015
concerned, there also the factual disputes are not comparable to the facts of
the present case.
17. In the present case, the order impugned clearly states that the
petitioner has furnished false information that her father is a farmer.
However, during the enquiry, the Authorities found that the father of the
petitioner is working as Junior Assistant in the Tamil Nadu Civil Supplies
Corporation in Kancheepuram District and further the Authorities found that
the petitioner is not ordinarily residing within the territorial jurisdiction of
Puducherry and therefore, this Court do not find any reason to interfere with
the order of the first respondent.
18. After completing the arguments, the learned counsel for the
petitioner made a submission that the petitioner may be given an opportunity
to prefer an appeal. It is left open for the petitioner to prefer an appeal before
the appropriate Forum if she has got any other relevant documents to
establish her case.
https://www.mhc.tn.gov.in/judis
WP No.40399 of 2015
19. With the abovesaid observations, the writ petition stands
dismissed. However, there shall be no order as to costs. Consequently,
connected miscellaneous petition is also dismissed.
09-12-2021
Index : Yes/No.
Internet : Yes/No.
Speaking Order/Non-Speaking Order.
Svn
https://www.mhc.tn.gov.in/judis
WP No.40399 of 2015
To
1.The Thasildar-cum-Executive Magistrate,
Villiyanur Taluk Office,
Puducherry.
2.The Director,
Directorate of School Education,
Government of Puducherry,
Puducherry.
S.M.SUBRAMANIAM, J.
Svn
https://www.mhc.tn.gov.in/judis
WP No.40399 of 2015
WP 40399 of
09-12-2021
https://www.mhc.tn.gov.in/judis
