M.Liya (Minor) vs Union Of India
2022 Latest Caselaw 1225 Mad

                                                                             W.A.No.3099 of 2021

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 27.01.2022

                                                       CORAM

                                        The Hon'ble Mr. Justice PARESH UPADHYAY
                                                            and
                                  The Hon'ble Mr. Justice SATHI KUMAR SUKUMARA KURUP

                                                 W.A.No.3099 of 2021
                                                and C.M.P.No.21537 of 2021

                     M.Liya (Minor)
                     Aged about 17 years
                     Rep., by Febin Basheer
                     Mother and Natural Guardian
                     'Almas Lulu', Door No.11/277-B,
                     Near Juma Masjid, (PO) Naluthara, Palloor,
                     Mahe-673310.                                            .. Appellant

                                                         Vs

                     1.Union of India,
                      Rep., by the Union Territory of Puducherry,
                      Rep., by its Chief Secretary,
                      Goubert Salai, Puducherry.

                     2.Government of Puducherry,
                      Centralized Admission Committee (CENTAC)
                      Pondicherry Engineering College Campus,
                      Puducherry.

                     3.The Deputy Collector (Revenue),
                      Government of Puducherry,
                      Sub-Taluk Office, Mahe-673310.

                     4.The Deputy Tahsildar(Revenue),
                      Government of Puducherry,
                      Sub-Taluk Office, Mahe-673310.


                     Page 1 of 7


https://www.mhc.tn.gov.in/judis
                                                                                 W.A.No.3099 of 2021

                     5.The Village Administrative Officer,
                      Government of Puducherry,
                      Palloor, Mahe.                                         .. Respondents


                                  Appeal preferred under Clause 15 of Letters Patent against the
                     order dated 07.12.2021 made in W.P.No.22318 of 2021.


                                       For Appellant    :     Mr.Balan Haridas


                                                         JUDGMENT

(Delivered by PARESH UPADHYAY, J.)

Challenge in this appeal is made to the order dated 7 December

2021 recorded on W.P.No.22318 of 2021. This appeal is by an

unsuccessful writ petitioner.

2. Learned advocate for the appellant has submitted that,

the dismissal of writ petition was erroneous since the claim of the

petitioner was based on documentary evidence. It is submitted that

denial of the certificate asked for by the petitioner was on so-called

discreet enquiry, a copy of which was not made available to the

appellant. It is submitted that it is a fact that the petitioner is staying

with her mother at the maternal grandmother's place, which falls

within the Union Territory of Puducherry, entitling the appellant to get

https://www.mhc.tn.gov.in/judis W.A.No.3099 of 2021

the certificate as asked for and therefore the relief as prayed for

ought to have been granted. It is submitted that this appeal be

entertained. Attention of the Court is also invited to the interim order

dated 11 November 2021.

3. Having heard learned advocate for the appellant/ writ

petitioner and having considered the material on record this Court

finds as under.

3.1. The petitioner is a student who seeks admission in the

MBBS Course. The claim of the petitioner is qua one of the seats

earmarked to the residents of Puducherry. The relevant clause for

the purposes of this appeal reads as under:-

“1.8. RESIDENCE CRITERIA (Applicable for Seats in Govt. Colleges and Govt. Quota Seats in Private Colleges) An applicant is considered to be a Puducherry resident if he/she is an Indian National and satisfies at least one of the following criteria:

1. The candidate or whose parent (either Mother or Father or Both) or Guardian (in case of children who have lost both the parents) has been residing

https://www.mhc.tn.gov.in/judis W.A.No.3099 of 2021

continuously in this Union Territory for at least five years preceding the date of application.”

3.2 On behalf of the appellant - student, certificate was asked

for which the authorities initially denied. Being aggrieved, a

representation was made. The same was rejected vide order dated

27 July 2021. This was further carried in an appeal before the higher

authority and the said authority vide order dated 30 September 2021,

passed an order holding inter alia as to why the student was not

entitled to get the Residence/ Nativity Certificate required for the

purpose of getting admission on the post in question.

4. The learned single Judge has considered the reasons

recorded by the State Authorities in those orders and has weighed

vis-a-vis the stipulation in the admission process. On this

consideration, learned single Judge found that refusal to issue

certificate by the authorities, in the facts of the case, could not be

termed to be erroneous.

5. We have considered the reasons recorded by the Deputy

Collector (Revenue) Mahe, Government of Puducherry in the order

https://www.mhc.tn.gov.in/judis W.A.No.3099 of 2021

dated 30 September 2021. We find that the reasons recorded therein

reflect proper application of mind and due satisfaction on the part of

the competent authority qua the requirement as asked for by the

petitioner/ on her behalf. When there were some documents vis-a-vis

actual factual fact of the concerned student not being the normal

resident of the Union Territory of Puducherry, it would not be open /

proper for this Court to interfere in the said satisfaction of the

competent authority and / or in the said finding of the learned single

Judge. The attempt on the part of the concerned student / her

parents to get preference in the medical admission, on the basis of

normal place of residence, which the discreet enquiry as relied by the

authorities is found to be not genuine, can not be faulted with and

the concept of compliance of principles of natural justice can not be

permitted to be stretched beyond a point in the facts like this.

6. On overall consideration of the material on record, we find

that the denial by the respondent authorities to issue Residence/

Nativity Certificate in favour of the concerned student / appellant, can

not be said to be erroneous or perverse in any manner, more

particularly considering the reasons recorded by the Deputy

Collector(Revenue), Mahe in his order dated 30 September 2021.

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The impugned action of the State did not call for any interference,

which learned Single Judge has rightly not interfered with. This

appeal therefore needs to be dismissed.

7. For the above reasons, this appeal is dismissed. No costs.

Consequently, connected miscellaneous petition in C.M.P.No.21537 of

2021 is closed.

(P.U., J) (S.S.K., J) 27.01.2022 Index:Yes/No raa/2 To

1.The Chief Secretary, Union of India, Union Territory of Puducherry, Goubert Salai, Puducherry.

2.Centralized Admission Committee (CENTAC) Government of Puducherry, Pondicherry Engineering College Campus, Puducherry.

3.The Deputy Collector (Revenue), Government of Puducherry, Sub-Taluk Office, Mahe-673310.

4.The Deputy Tahsildar(Revenue), Government of Puducherry, Sub-Taluk Office, Mahe-673310.

5.The Village Administrative Officer, Government of Puducherry,Palloor, Mahe.

https://www.mhc.tn.gov.in/judis W.A.No.3099 of 2021

PARESH UPADHYAY, J.

and SATHI KUMAR SUKUMARA KURUP, J.

raa

W.A.No.3099 of 2021

27.01.2022

https://www.mhc.tn.gov.in/judis