Kayalvizhi Vs Union of India

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 4th respondent to issue Community Certificate to the petitioner’s elder minor son Dharshan,

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aged about 16 years based on her origin as requested in her application dated 18 .02. 2026 within a reasonable time as may be fixed by this Honourable court and pass

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For Petitioner : Mr. A.E.Ravichandran For Respondent(s): Mr.V.Vasanthakumar, Additional Government Pleader (Puducherry) for R1 to R4

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ORDER

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(Order of the Court was made by G.R.Swaminathan J.)

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The Petitioner seeks issuance of Community Certificate for her son

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Dharshan. The petitioner has been experiencing difficulty in this regard,

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because, the Department has taken the stand that since the petitioner’s husband hails from Tamil Nadu, the petitioner’s son cannot be recognised as belonging to Hindu Adhi Dravidar Origin.

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The issue of Origin Vs. Migrant candidate has been pending for quite

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some time. When the Writ Petitioner filed W.P.No.5548 of 2025, We

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disposed of the said Writ Petition on 22.05.2025 in the following terms:

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‘Heard both sides.

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The Writ petitioner seeks issuance of community certificate to her minor son on the basis of her community certificate. It is further claimed that the petitioner as well as

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her parents are having their permanent abode at Pondicherry prior to the cut off date. The learned counsel for the petitioner draws our attention to the order dated 19.11.2024 passed in W.P.Nos.34728 of 2024 etc. batch which was disposed of by a Division Bench consisting of D.Krishnakumar, J. (as His Lordship then was) and P.B.Balaji, J. The relevant portion of the said order reads as follows:

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“6. Considering the submissions made by the learned counsel appearing on either side, we dispose of the writ petitions as follows:

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“The respondent concerned is directed to consider the individual application filed by the petitioners and to pass orders on its own merits and in accordance with law, by taking into account the decision of the Division Bench of this Court in W.P.No.34929 of 2023 dated 21.12.2023 within a period of four weeks from today, considering the urgency/purpose for getting the community certificate….’

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The aforesaid order was put to challenge before the Hon’ble Supreme Court in S.L.P.(C)Diary No.56953 of 2024. The said special leave petition was dismissed as withdrawn on 03.02.2025. By the dismissal of the special leave petition, the aforesaid order passed by the Division Bench stands confirmed.

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Since the petitioner seeks community certificate to her son for prosecuting higher studies, there is an acute urgency in the matter. Hence, we direct the second respondent to grant personal hearing to the petitioner on 24.05.2025. The petitioner shall be present in the office of the second respondent at 10.00 a.m. on 24.05.2025 with all the relevant materials.

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The second respondent shall consider the same and dispose of the petitioner’s application on or before 27.05.2025. The copy of the order to be passed by the second respondent/community certificate to be issued by the second respondent will be served on the petitioner on the same date.

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6.This writ petition is disposed of with the above directions. There shall be no order as to costs.’

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Pursuant to the said direction, the petitioner’s son was issued with the community certificate on 27.05.2025. The petitioner’s son has since completed his 12^th standard, he has to seek admission in Engineering College. The petitioner is therefore desperately in need of Community Certificate. Since the very same origin - migrant issue has been raised, the petitioner is constrained to file the Writ Petition once again.

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Considering the fact that the petitioner was granted relief last year itself, We are of the view that the further enquiry is not warranted. Of course all these issues will have to await the final order to be passed by the Honourable Supreme Court of India.

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Learned Addl. Govt. Pleader (Pondicherry) appearing for the respondents 1 to 4 states that since the Supreme court had granted stay of the proceedings, it should be taken that the judgment passed by the Division Bench should be deemed to have been stayed, we cannot subscribe to the proposition canvassed by the Law Officer.

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We direct the 4^th respondent to immediately issue Community Certificate acknowledging the petitioner’s son Dharshan as Hindu Adhi Dravida Origin. This shall be done as soon as possible, so as to enable him to pursue his higher studies. We, however clarify that the certificate to be issued

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in favour of the petitioner’s son shall abide by the outcome of the proceedings

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now pending before the Honourable Supreme Court of India.

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