The Madras High Court of India has ordered a Deputy Tahsildar from the Perambur Zonal in Chennai to issue a nativity certificate for an 17 year old boy who studied classes 6 to 10 in Chennai but completed his education in other States so that he can pursue medical course in Tamil Nadu.
Justice Anita Sumanth held that advocate Chevanan Mohan was right to say that this student could not be denied of nativity certificate in Tamil Nadu just because he was born in Maharashtra and had done his higher secondary from Uttar Pradesh. His father is an employee of Reserve Bank of India (RBI).
The barrister however explained before court, that the under age parents of this child were Tamils who were born and brought up here. He further said, their home place is at their ancestral house at Vysarpadi, Chennai where their paternal grandmother still lives.
On the contrary, according to the counsel, these same applications filed by the minor’s parents have been turned down by the concerned officer due to reference to Mumbai as his birthplace. Alternatively, a state attorney claimed in court that it was only returning rather than rejection as regards most recent request letter by the young man.
Nonetheless, this “half-baked” contention was rejected by Honorable Judge with respect. As per her, it is evident that those applications must have been dismissed on no other ground apart from being born in Maharashtra since he stated after quoting orders given by Tahsildar. In addition, she argued about 1990 Government Order which demands five years’ study alone for issuance of nativity certificate.
According to what Justice has observed regarding this matter; even though lastly taking higher studies at Kanpur yet upon filing an affidavit expressing non-nativity claims against UP or Maharashtra (according to judge), one could also get a nativity certificate within seven days for appeal and decision-making purposes only.
