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CDJ 2026 MHC 7091 My Notes print Preview print print
Court : High Court of Judicature at Madras
Case No : W.P.No. 33043 of 2026 & W.M.P.No. 36311 of 2026
Judges: THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY
Parties : Oumealle Versus The Tahsildar, Department of Revenue and Disaster Management, Government of Puducherry, Taluk Office, Puducherry & Others
Appearing Advocates : For the Petitioner: Prakash Adiapadam, Advocate. For the Respondents: J. Kumaran, Government Pleader (Pondicherry).
Date of Judgment : 22-09-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondent Nos.1 and 2 to consider the applications dated 27.07.2026 submitted by the petitioner’s daughter namely Rohini for issuance of Community Certificate indicating that she belongs to Hindu Adi-Drvidar Community, which is recognized as “Schedule Caste” in Union Territory of Puducherry as per the Constitution (Pondicherry) Schedule Castes Order, 1964, based on Community Certificate dated 10.11.2014 issued to the petitioner and Community Certificate dated 06.06.2025 issued to the petitioner’s daughters and other family members of the petitioner’s forthwith without any further delay as prescribed by the CENTAC brochure.)

The prayer in this Writ Petition is for a Mandamus to consider the application of the petitioner’s daughter namely, Rohini, for issuance of Community Certificate indicating that she belongs to Hindu Adi-Dravidar Community, which recognized as ‘Scheduled Caste’ in Union Territory of Puducherry as per the Constitution (Pondicherry) Schedule Castes Order, 1964, based on the Community Certificate, dated 10.11.2014 issued to the petitioner and the Community Certificate, earlier issued to the petitioner’s daughter on 06.06.2025.

2. Upon hearing Mr.Prakash Adiapadam, learned Counsel for the petitioner and perusing the material records of the case, the grievance of the petitioner is that she is of Puducherry origin. Her parents were also of Puducherry origin. She possesses a Scheduled Caste certificate of Puducherry origin. For her daughter also, originally, a Community Certificate was granted on 06.06.2025. Now, the petitioner’s daughter is taking part in the selection of B.Sc., Nursing Course. As belonging to the Scheduled Caste community, when the Community Certificate is applied, now, the same is kept pending on the stand taken by the Government of Puducherry as far as the mother’s origin is concerned. Hence, the petitioner is before this Court.

3. Mr.J.Kumaran, learned Government Pleader (Pondicherry) for the respondents would submit that with reference to grant of certificate as far as mother’s origin is concerned, the Government of Puducherry is taking a stand that it will go by the notifications and the orders issued by the Government of India in this regard and following the customary law that they will take into account only the father's caste alone and if the father is a migrant, the certificate will not be issued.

 4. I have considered the rival submissions made on either side and perused the material records of the case.

5. It is true that this Court, in a batch of matters, by following the earlier Hon’ble Division Bench judgments, has taken a view that there cannot be any discrimination between the father’s and mother’s certificate and the same is now under consideration by the Hon’ble Division Bench. However, this case stands on a different footing. Even as per the stand of the Government of Puducherry, in the batch of matters, wherever there are single mothers, they will go by the Official Memorandum No.12017/02/2017-SCD (R.L.Cell), dated 03.10.2019 issued by the Ministry of Social Justice and Empowerment, Department of Social Justice and Empowerment, Government of India in that regard. In that case, the Government of India has held that with reference to single mothers, their case can be considered and if the child is born and brought up in the mother’s community, the same can be considered. In this case, it is stated that even though the father is a migrant, he has deserted the petitioner. Already, the petitioner possesses the Deserted Woman Certificate granted by the Government of Puducherry and has been drawing pension in that regard from the year 2008. Thus, it can be seen that the petitioner is a single mother and the Official Memorandum of the Government of India, dated 03.10.2019 will be applicable in this regard.

6. In view thereof, in the light of the Official Memorandum issued by the Government of India, the application of the petitioner, dated 27.07.2026, for issuance of Community Certificate, shall be considered. In the meanwhile, since the petitioner’s daughter has already been issued with the Community Certificate, dated 06.06.2025, her admission to the B.Sc., Nursing course shall be considered based on the said Community Certificate. It is made clear that the Government of Puducherry will conduct an inquiry and will consider the limited question with reference to the single status / abandoned status of the petitioner and pass orders in this regard. The admission that is granted to the petitioner’s daughter will ultimately be dependent upon the fresh orders that are to be passed in the Community Certificate to the petitioner’s daughter. Let the exercise of conducting an inquiry and passing orders shall be completed within a period of two months from the date of receipt of a web-copy of this order. The admission of the petitioner’s daughter into the B.Sc., Nursing course, based on the Community Certificate, dated 06.06.2025 will be dependent on the ultimate outcome of the enquiry by the respondents.

7. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

 
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