The Court directed the respondent to re-issue the petitioner's Community Certificate, correcting the husband's name with her father's name, to enable her to appear for a UPSC personality test.
Directing the respondent to issue a fresh Community Certificate incorporating the name of the petitioner's father, Edward Kumar, within one week.
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IN THE HIGH COURT OF JUDICATURE AT MADRS
Dated : 12-03-2019
CORAM:
THE HONOURABLE MR. JUSTICE R. SUBBIAH
and THE HONOURABLE TMT. JUSTICE KRISHNAN RAMASAMY
Writ Petition No. 6255 of 2019
Vijetha Dhinakaran .. Petitioner
Versus
The Tahsildar Purasawalkam-Perumbur Taluk Chennai - 600 011 .. Respondent
Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondent to correct and rectify the error and re-issue the Community Certificate dated 24.03.2008 bearing No.5414041 by mentioning the name of the petitioner's father Edward Kumar instead of her husband name Dinakaran.
The petitioner seeks for issuing a Writ of Mandamus directing the respondent to correct and rectify the error and re-issue the Community Certificate dated 24.03.2008 bearing No.5414041 issued to her by incorporating the name of her father Edward Kumar instead of her husband name Dinakaran.
by name Dishaa was born and she is now studying VI standard. Thus, according to the petitioner, she is living in Chennai from the year 2006 after her marriage. It is stated that in the Union Territory of Andaman and Nicobar Island, where the petitioner was born, there was no practice of issuing community certificate and therefore she had no occasion to obtain such a certificate. However, after her marriage, she came to Chennai and during the year 2008, she applied for issuing a community certificate to her. Accordingly, on 24.03.2008, a community certificate was also issued to her certifying that she belonged to "Hindu Adi Dravida".
sought for in the writ petition by contending that there is no community classified in Andaman and Nicobar Islands as Schedule Caste under the Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959 as amended by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976. The learned Government Advocate also would contend that as per the State wise number of castes notified as Scheduled Castes as on 23.09.2008 none of the community is classified as Scheduled Caste in Andaman and Nicobar Islands under the Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959 as amended by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976. Therefore, according to the learned Government Advocate, the petitioner seems to have obtained community certificate as belonging to Hindu " Adi Dravidar" based only on the community certificate of her husband. Further, the discreet enquiry conducted by the respondent disclosed that the husband of the petitioner professes Christianity as his religion. Therefore, the petitioner cannot claim herself as belonging to Hindu Adi Dravida Community. Further, the father of the writ petitioner was a Christian who professed Christianity as his religion. Therefore, the claim of the petitioner to re-issue the community certificate by incorporating the name of her father cannot be considered and prayed for dismissal of the writ petition.
Rsh 12/03/2019
For Being Mentioned
The Writ Petition having been posted on 26.03.2019 under the caption “For Being Mentioned” pursuant to the Order of this Court dated 26.03.2019 and made in W.P.No. 6255 of 2019 in the presence of the aforesaid Advocates, the Court made the following Order:-
[Order of this Court was made by R.SUBBIAH, J]
Under order dated 12.03.2019, this Court directed the respondent to issue a fresh Community Certificate to the petitioner duly incorporating the name of her father Edward Kumar therein, within a period one week from the date of receipt of the order. Such order was passed since Union Public Service Commission in its proceedings dated 01.03.2019, insisted the petitioner to obtain a Community Certificate by mentioning her father's name.
2 issues framed by the court
Whether the respondent should be directed to re-issue the petitioner's Community Certificate by incorporating the name of her father instead of her husband.
Whether the petitioner is entitled to obtain a Community Certificate reflecting her father's name for Union Public Service Commission examinations.
1 provisions across 1 enactments
Vijetha Dhinakaran
The Tahsildar Purasawalkam-Perumbur Taluk Chennai
R. Subbiah
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
