Madras High Court
M.Liya (Minor) vs Union Of India on 27 January, 2022
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. The
https://www.mhc.tn.gov.in/judis
W.A.No.3099 of 2021
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
