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(Order of the Court was made by M.VENUGOPAL, J.) The petitioner has preferred the instant writ petition seeking a writ of certiorarified mandamus to call for the records of the second respondent with No.7877/TLK/KKL/B2/2011-12 dated 26.12.2011 and to quash the same and consequently to direct the second respondent to issue community certificate to the petitioner showing his community as Hindu Parayan which is a Scheduled Caste.

2. The petitioner, being a minor boy, is represented by her mother S.Usha Rani. The said Usha Rani has filed the affidavit on behalf of the petitioner. According to her, she was born and brought up at Karaikal and she belongs to Parayan Community which is declared as Scheduled Caste community by birth. She married one Thiru.Susai Marianathan, who originally belonged to Christian religion and after the marriage, converted into Hindu religion and changed his name also. It is her further case that they were residing in her parental house at Karaikal and since the relatives of her husband had not recognised their marriage, they were not allowed in their residence and there was a threat to their life, which compelled them to remain at Karaikal itself. As against all the odds, they have been residing at Karaikal in her parents house as Hindus and she never converted into Christian religion at any point of time.

3. The petitioner's mother has three children viz., Amarnath, Arunika and Asmitha and all of them were born and brought up at Karaikal at her parents house. They have been living as Hindu Parayan and their children were also brought up at her parents house as members of the above community.

4. It comes to be known that the mother of the petitioner secured an appointment as Operation Theatre Assistant at JIPMER Hospital, Puducherry which is a class IV employment by virtue of her community. Hence, they were forced to shift their residence to Jipmer Quarters in the year 2001. After shifting her residence to JIPMER Quarters, her husband, who does not stick on any particular job, had developed some problems with her and started to live separately and hence, she alone is taking care of her children.

6. The learned counsel for the petitioner would submit that the stand taken by the respondent in passing the impugned order dated 26.12.2011 in not acceding to the request for issue of scheduled caste community certificate to the petitioner is an illegal and arbitrary one besides the same being untenable in law.

7. The learned counsel for the petitioner urges before this court that the mother of the petitioner belongs to Hindu Parayan community by birth and just because she married a Christian, who also subsequently converted into Hinduism, it cannot be taken as a basis for rejecting the community certificate to her son.