Relief to MBBS aspirant: Madras HC directs Tahsildar to issue Nativity Certificate

Madurai: Providing relief to an MBBS aspirant, who was being denied admission in the Tamil Nadu medical colleges on the ground of nativity, the Madurai bench of Madras High Court has recently directed the Tahsildar of Srirangam Taluk of Trichy District to issue Nativity Certificate to the student within seven days.

The authorities had denied issuing Nativity Certificate to the medical aspirant on the ground that she was born in Kuwait and her parents had not lived in Tamil Nadu for the last five years.

However, referring to an earlier order, the madurai bench of Madras HC comprising of Justice G.R. Swaminathan noted, "In the case on hand, the petitioner's father went to Kuwait only for employment purposes... When the parents are from Tamil Nadu and the grandparents are also from Tamil Nadu, the petitioner can only be called as a Tamilian... It is obvious that the expression " nativity " denotes the roots on which a person is anchored."

The case concerned petitioner student who was born in Kuwait and pursued her school education there. Although she cleared NEET, in order to secure MBBS admission under the Tamil Nadu colleges, she requires Nativity Certificate. In this regard, when the medical aspirant approached the Tahsildar of of Srirangam Taluk, Trichy District, her request was allegedly rejected on the ground that she was born in Kuwait and stayed there up to 2020 and he parents had also been in Kuwait. 

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So, the main ground on which the Tahsildar had rejected the prayer was that neither the petitioner nor her parents resided continuously in Tamil Nadu for the preceding five years. In this regard, the Tahsildar had complied with the terms of G.O.Ms.No.2388 dated 27.11.1990 issued by the Revenue Department.

However, challenging the rejection order the petitioner approached the Madras High Court and sought relief. On the other hand, the Special Government Pleader argued that the order of the Tahsildar cannot be faulted.

Taking note of the matter, the Court disagreed with the stand taken by the Tahsildar and observed that the "issue on hand is no longer res integra".

At this outset, the bench referred to the Madras High Court order dated 11.11.2020 in the case of Varsha Parappa Totagi V. The District Collector, Chennai. In that case, the HC bench had already decided the issue. It was held that merely because a person has been absent from the State on account of employment, he or she will not lose his or her permanent residence in the State.

Referring to this earlier order, the bench declared the petitioner as a native of Tamil Nadu and observed, "In the case on hand, the petitioner's father went to Kuwait only for employment purposes. The petitioner happened to be born in Kuwait because her parents resided in Kuwait. Even though the petitioner had done her entire schooling in Kuwait, it is difficult to conclude that the family had domiciled in Kuwait. When the parents are from Tamil Nadu and the grandparents are also from Tamil Nadu, the petitioner can only be called as a Tamilian. I hold that the petitioner is a native of Tamil Nadu. It is obvious that the expression " nativity " denotes the roots on which a person is anchored."

Therefore, referring to the earlier HC order, the bench quashed the order of the Tahsildar and issued directions for issuing Nativity Certificate to the petitioner student.

The order stated, "The second respondent is directed to issue Nativity Certificate, certifying that the petitioner hails from Srirangam Taluk. The second respondent shall issue the Nativity Certificate to the petitioner within a period of seven days from the date of receipt of a copy of this order."

To view the order, click on the link below.

https://medicaldialogues.in/pdf_upload/madras-hc-nativity-certificate-185127.pdf

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