(Order of the Court made by B.RAJENDRAN,J.) The petitioner has come up with this Writ Petition seeking to call for the records relating to the fixing of cut-off date for the origin/Migrant in respect of OBCs in the Union Territory of Puducherry as 19.02.2001 as resolved by Council of Ministers vide resolution No.2016/M.02/09, dated 05.07.2016 and the communication in No.31676/SWS/2016, dated 06.09.2016 on the file of the 2nd respondent, quash the same and direct the respondents 1 to 4 to fix a cut-off date for the Origin/Migrant in respect of OBCs in the Union Territory of Puducherry as 05.03.1964 for the purpose of issuance of nativity Certificate.
2. According to the petitioner, their Association was formed with an agenda to protect the interest of the origins/natives of Puducherry and their wards. The criteria for obtaining the Certificate of Nativity was simplified to the extent that a student should have stayed in the Union Territory of Pondicherry for a period of at least five years immediately preceding the date of his/her admission to the College. Thereafter, the 4th respondent issued another Government Order dated 12.12.2002 vide G.O.Ms.No.48, confirming the earlier criteria of continuous residence of five years for obtaining the Certificate of nativity without looking into the sufferings of the origins of Pondicherry and their wards.
3. It is the case of the petitioner that due to the above simplification of obtaining the Certificate of nativity, the origins of Pondicherry were sidelined and the migrants of the Union Territory entered into the field of education and employment. In order to set things right, the petitioner Association made representations dated 05.09.2009 and 05.10.2009 to various authorities for protecting the right of origins/natives of Puducherry. The petitioner Association also applied to the Chief Secretariat (Welfare) under Right to Information Act for obtaining certain details about the protection of the rights of origins/natives of Puducherry. The Chief Secretariat (Welfare), Government of Puducherry, vide letter dated 13.01.2010 stated that they have received recommendations from State Level Commission for Backward Classes, Puducherry to fix the cut-off date for determining the status of Original Inhabitants as 21.06.1971 and from the Department of Revenue fixing the cut-off date either on 21.06.1971 or 06.07.1994 or 19.02.2001. Further, it was also stated by the Secretariat (Welfare), Government of Puducherry that the above said recommendations have been placed before the office of the Chief Minister by way of a proposal and the same is pending.
4. Since no decision was taken by the Government of Puducherry in fixing the cut-off date as regards the status of the origins/natives of Puducherry, the petitioner Association was forced to file a Writ Petition in W.P.No.7359 of 2010 seeking determination of the status of the origins/natives of Puducherry and this Court ordered that the 1st respondent should consider the representation of the petitioner Association and pass suitable orders within a period of twelve weeks.
5. As per the direction given by this Court in the said Writ Petition, the 1st respondent, by a letter dated 16.09.2010 has communicated to the petitioner Association stating that they have to get the advice of the National Commission for Backward Classes and also of the Government of India in the Ministry of Social Justice and Empowerment for arriving at a decision for fixing a cut-off date. Due to the inaction of the Government of Puducherry in fixing the cut-off date, the petitioner Association sent a representation dated 29.12.2012 to the 1st respondent requesting the Office to conduct the recruitment process after fixing the cut-off date. Thereafter, the Government of Puducherry fixed a cut-off date for SC Community people as 05.03.1964, but, it has refused to fix the same cut-off date for the OBCs.
6. Aggrieved by the same, the petitioner Association filed a Writ Petition in W.P.No.16509 of 2012 and this Court, by an order dated 02.09.2015 directed the respondents 1, 2 and 4 to consider petitioner's representation within a period of three months. Thereafter, on 06.09.2016, the 2nd respondent sent a communication to the petitioner stating that the Council of Ministers, on 05.07.2016, had resolved to fix the cut-off date determining the status of the OBCs as origins/migrants in the Union Territory of Puducherry as 19.02.2001 and a letter dated 21.07.2016 has been sent to the Ministry of Social Justice and Empowerment, Government of India, New Delhi, for approval. Challenging the fixation of cut-off date, the petitioner Association is before this Court.
7. After elaborate arguments, learned counsel appearing for the petitioner pointed out that as of now, the Pondicherry Government has only passed a Resolution and that the Resolution has got to be approved or accepted by the Central Government. Only if the Central Government approves or accepts the Resolution, it becomes effective. Learned counsel submitted that the petitioner may be permitted to make a representation to the Central Government contending that the cut-off date cannot be different from that of the one fixed as 05.03.1964 for SC Community people.
8. Heard the learned counsel on either side and perused the material documents available on record.
9. Taking note of the submissions made by the learned counsel on either side and considering the facts and circumstances of the case, since the Resolution as regards the fixation of cut-off date is pending for approval from the Central Government, this Court cannot now pass an order giving a direction to the respondents. However, this Court observes that the petitioner is at liberty to make a representation on this issue to the Central Government. It is also made clear that the petitioner has got the right to agitate on the very same issue, if they are aggrieved by the order to be passed by the Central Government.
This Writ Petition is disposed of with the above observation. No costs. Consequently, connected W.M.P.No.423 of 2017 is closed.