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Madras High Court directs Tahsildar to issue nativity certificate to medical aspirant

The girl, whose father is from Srirangam, did her entire schooling in Kuwait

September 06, 2022 11:16 pm | Updated 11:16 pm IST - MADURAI

The Madurai Bench of the Madras High Court has directed the Tahsildar of Srirangam taluk in Tiruchi district to issue nativity certificate to a medical aspirant, who did her schooling in Kuwait.

The court was hearing the petition filed by Swathi Radhakrishnan, who was born in Kuwait in 2004 and completed her schooling there. As she wanted to join MBBS course, took NEET. She required the nativity certificate for joining MBBS course in any college in Tamil Nadu.

When she approached the Tahsildar for the certificate, the official rejected her request on the ground that neither the petitioner nor her parents resided continuously in Tamil Nadu for the preceding five years.

Referring to a Madras High Court judgment, Justice G.R. Swaminathan observed that it was held that merely because a person had been absent from the State on account of employment, he or she would not lose his or her permanent residence in the State.

In this case, the petitioner's father, who hailed from Srirangam, went to Kuwait only for employment. The petitioner happened to be born in Kuwait. Even though the petitioner did her entire schooling in Kuwait, it was difficult to conclude that the family had domiciled in Kuwait.

When the parents were from Tamil Nadu and the grandparents were also from Tamil Nadu, the petitioner could only be called a Tamilian. It was obvious that the expression ‘nativity’ denoted the roots on which a person was anchored, the judge observed, and directed the Tahsildar to issue the nativity certificate.

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