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Madras High Court
Lakshmi Priyanka Kanakala vs The Government Of Puducherry (Union ... on 25 February, 2026
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.48579 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2026
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.48579 of 2025
And
W.M.P.No.54239 of 2025
Lakshmi Priyanka Kanakala ... Petitioner
Vs.
1 THE GOVERNMENT OF PUDUCHERRY (UNION TERRITORY)
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE
REFORMS (PERSONNEL WING)
PUDUCHERRY.
2 THE GOVERNMENT OF PUDUCHERRY (UNION TERRITORY)
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT
PUDUCHERRY.
3 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR
PUDUCHERRY.
4 THE SUB-COLLECTOR (REVENUE)
OFFICE OF THE SUB-COLLECTOR
YANA,
UNION TERRITORY OF PUDUCHERRY.
5 DEPUTY TAHSILDAR – CUM – EXECUTIVE MAGISTRATE,
SUB-TALUK OFFICE YANAM,
UNION TERRITORY OF PUDUCHERRY. ... Respondents
1/8
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W.P.No.48579 of 2025
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus to call for the impugned order
passed by the fourth respondent, pertaining to the dismissal order in
Appeal No.4007/SCRY/D1/EWS/2025-26/569, dated 07.10.2025,
based on the rejection of the fifth respondent in order No.1125STOY/
EWS-Refusal/2025-26/44, dated 20.08.2025 respectively and quash
the same and direct the fifth respondent to issue the Economically
Weaker Section Certificate to the petitioner to avail the post of
Assistant and consequently directing the first respondent to keep one
post of Assistant until the petitioner’s claim is deiced and appointment
is given to her.
For Petitioner : Mr.T.Sai Krishnan
for M/s.V.Kamal
For Respondents : Mr.R.Sreedhar
Additional Government Pleader
ORDER
The petitioner has filed this writ petition seeking issuance of
Writ of Certiorarified Mandamus to call for the order passed by the
fourth respondent, pertaining to the dismissal order in Appeal
No.4007/SCRY/D1/EWS/2025-26/569, dated 07.10.2025, based on
the rejection of the fifth respondent in order No.1125STOY/ EWS-
Refusal/2025-26/44, dated 20.08.2025 respectively and quash the
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same and direct the fifth respondent to issue the Economically
Weaker Section Certificate to the petitioner to avail the post of
Assistant and consequently directing the first respondent to keep one
post of Assistant until the petitioner’s claim is deiced and appointment
is given to her.
2.The learned counsel appearing for the petitioner submitted
that the petitioner belong to KAPU Community which is OC category,
falling under economically weaker section and residing with her
parents at Yanam. The petitioner got married to one Bandaru
Santhosh Kumar on 17.12.2021 at Agnikula Kshatriya
Kalyanamandapam, Bezawada Gardens, Yanam and the same was
registered before the Sub-Registrar Yanam on 11.01.2022 and started
their matrimonial home at the residence of her husband at Yanam.
Out of the wedlock, they were blessed with a daughter on 13.12.2022.
Thereafter, there was matrimonial dispute between the petitioner and
her husband, thereby, the petitioner filed divorce petition in HMOP
No.521 of 2025 before the learned I Additional Senior Civil Judge
Kakinada and divorce was granted on 19.12.2025.
3.The learned counsel appearing for the petitioner further
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submitted that the petitioner applied for the post of Assistant (Group
“B” Non-Gazetted Ministerial in Level 6 of pay matrix) and was
selected under Economically Weaker Section. After certificate
verification, the petitioner was instructed to produce EWS certificate.
The petitioner applied for issuance of Income and Asset Certificate for
Economically Weaker Section before the fifth respondent along with
declaration/ affidavit for issuance of EWS Certificate (EWS certificate
for the financial year 2023 – 2024 valid for the year 2024 – 2025) and
the same was refused by the fifth respondent on the ground that the
petitioner’s father own 10 cents of vacant land, mother own 122
sq.mts. of vacant land and her husband own 135 sq.mts. of vacant
land and aggrieved by the same, the petitioner preferred appeal before
the fourth respondent and the fourth respondent passed the impugned
order confirming the order passed by the fifth respondent.
4.The learned counsel appearing for the petitioner further
submitted that the petitioner’s husband sold the 135 sq.mts. of vacant
land owned by him to third party on 29.07.2024 and the petitioner’s
mother sold the 122 sq.mts. of vacant land owned by her to third
party on the same day on 29.07.2024. Hence the impugned order is
not sustainable one.
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5.The learned Additional Government Pleader submitted that
the petitioner made application for issuance of EWS Certificate and
conveniently, the petitioner’s mother and husband sold the property
inorder to enable the petitioner to avail EWS Certificate for getting
appointment. Hence, the petitioner did not approach this Court with
clean hands. He further submitted that if the property had been sold
prior to March, 2024, the petitioner would have been entitled to get
EWS Certificate, however, the property was sold during July, 2024.
6.Heard the arguments advanced on either side and perused
the materials available on record.
7.The petitioner applied for the post of Assistant and was
selected under Economically Weaker Section and she was instructed to
produce EWS certificate and hence, the petitioner applied for EWS
Certificate, however, the same was refused by the fifth respondent on
the ground that the petitioner’s father own 10 cents of vacant land,
mother own 122 sq.mts. of vacant land and her husband own 135
sq.mts. of vacant land and aggrieved by the same, the petitioner
preferred appeal before the fourth respondent and the fourth
respondent confirmed the order passed by the fifth respondent.
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8.The notification for the post of Assistant was issued on
14.03.2024 and on the date of notification, the petitioner or her family
may not be inclined for alienating the property. There was
matrimonial dispute between the petitioner and her husband and they
are living separately and the petitioner filed divorce petition in HMOP
No.521 of 2025 before the learned I Additional Senior Civil Judge
Kakinada and divorce was granted on 19.12.2025. The petitioner’s
mother and husband had sold the property owned by them and now
only the petitioner’s father own 10 cents of vacant land. Hence,
refusing to issue EWS Certificate is not sustainable one.
9.The impugned order is set aside and the respondents are
directed to issue EWS Certificate to the petitioner, within a period of
two weeks from the date of receipt of a copy of this order, so as to
enable the petitioner to secure the job. The writ petition stands
disposed of. No costs. Consequently, the connected miscellaneous
petition is closed.
25.02.2026
pri
Index: Yes/ No
Speaking Order: Yes/ No
NCC: Yes/ No
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To
1 THE GOVERNMENT OF PUDUCHERRY (UNION TERRITORY)
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE
REFORMS (PERSONNEL WING)
PUDUCHERRY.
2 THE GOVERNMENT OF PUDUCHERRY (UNION TERRITORY)
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT
PUDUCHERRY.
3 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR
PUDUCHERRY.
4 THE SUB-COLLECTOR (REVENUE)
OFFICE OF THE SUB-COLLECTOR
YANA,
UNION TERRITORY OF PUDUCHERRY.
5 DEPUTY TAHSILDAR – CUM – EXECUTIVE MAGISTRATE,
SUB-TALUK OFFICE YANAM,
UNION TERRITORY OF PUDUCHERRY.
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M.DHANDAPANI,J.
pri
And
25.02.2026
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