Madras High Court
The Deputy Collector (Revenue) vs Minor Rashidha Shahul Hameed on 3 October, 2023
W.A.No.2648 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.10.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.2648 of 2023
1.The Deputy Collector (Revenue),
Department of Revenue & Disaster Management,
Government of Puducherry,
Puducherry.
2.The Tahsildar,
Taluk Office, Revenue Department,
Government of Puducherry,
Puducherry-605 008.
3.The Convenor,
Centralised Admission Committee (CENTAC),
Government of Puducherry,
Pondicherry Engineering College Campus,
Puducherry-605 014. .. Appellants
Vs.
Minor Rashidha Shahul Hameed,
rep. by her mother Akkila Banu .. Respondent
Page 1 of 6
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W.A.No.2648 of 2023
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order of the learned Single Judge dated 27.4.2023 passed in
W.P.No.10157 of 2023.
For the Appellants : Mr.Tamilvanan
Additional Government
Pleader (Puducherry)
For the Respondent : Mrs.Kavitha Rameshwar
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.Tamilvanan, learned Additional Government
Pleader (Puducherry) for the appellants and Mrs.Kavitha
Rameshwar, learned counsel for the respondent.
2. The appellant is assailing the order passed by the learned
Single Judge dated 27.4.2023 in a writ petition bearing No.10157 of
2023.
3. Under the impugned order, the appellants are directed to issue
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W.A.No.2648 of 2023
the nativity certificate to the respondent herein/original writ petitioner.
4. Learned counsel for the appellants submits that the original
writ petitioner is born in Union Territory of Puducherry and her parents
are ordinary residents of Puducherry. However, since 2016, the
parents of the writ petitioner are residing in Kuwait. The writ
petitioner studied upto V Standard in Puducherry and thereafter she
had studied in Kuwait. As such, the writ petitioner could not have
been considered as native of the Union Territory of Puducherry. This
aspect has not been considered by the Court.
5. Learned counsel for the original writ petitioner submits that
the petitioner, by birth, is a native of Union Territory of Puducherry. To
substantiate the contention, learned counsel relies upon G.O.No.48
dated 12.12.2002 so also relies upon Clause 10 of the prospectus for
admission to the medical course. Learned counsel further submits that
subsequently the nativity certificate has been issued to the writ
petitioner and further the writ petitioner had filed a writ petition
bearing No.18419 of 2023 seeking direction to issue the community
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W.A.No.2648 of 2023
certificate to the writ petitioner as belonging to BC (Muslim) – Labbai
under the Union Territory of Puducherry. A Division Bench of this
Court, under order dated 27.7.2023, allowed the said writ petition and
directed the authorities to issue origin OBC certificate to the writ
petitioner within two weeks. The said certificate is also issued to the
writ petitioner.
6. The appellants have complied the order passed by this Court.
The learned Single Judge has considered the definition of “nativity by
birth” and the factual matrix. The writ petitioner has also secured
admission for the First Year MBBS Course under OBC category
pursuant to the subsequent order passed in W.P.No.18419 of 2023
dated 27.07.2023. The said order is not assailed by any party though
the present appellants were also parties in the said writ petition.
7. Considering the definition of “nativity by birth”, so also Clause
10 of the prospectus and further the fact that the appellants have
implemented the orders passed by this Court, we are not inclined to
interfere with the impugned judgment.
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W.A.No.2648 of 2023
8. The writ appeal, as such, is dismissed. There will be no order
as to costs. Consequently, W.M.P.No.22266 of 2023 is closed.
(S.V.G., CJ.) (D.B.C., J.)
03.10.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
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W.A.No.2648 of 2023
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
bbr
W.A.No.2648 of 2023
03.10.2023
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