KOCHI: The Kerala High Court on Friday observed that a person born outside the state but is settled and socially adapted to the prevailing system of norms and values in the state can be treated as a native. Such persons are also entitled to a nativity certificate for claiming educational and other benefits entitled to the natives of the state.
Justice PB Suresh Kumar issued the order on a petition filed by Vincy Dinakaran of Aluva challenging the Choornikkara village officer’s decision to decline the nativity certificate to her citing that her place of birth and parents happened to be from outside the state.
The petitioner’s parents are from Tamil Nadu and settled in Choornikkara. Her mother came back here after the petitioner’s birth and Vincy was brought up here. She did her schooling here and obtained a B.Pharm degree from Kerala University of Health Sciences. She needs a nativity certificate for pursuing higher studies. Citing provisions in the Kerala Land Revenue Manual, the government pleader pointed out that the nativity certificate is issued to persons who have their origin in the state of Kerala and the same can, therefore, be issued only to those who are born in the state and to the children of those who are born in the state.
Quashing the village officer’s order, the court observed that if a person is socially adapted to the prevailing system of norms and values in the state, he/she shall be considered a person belonging to the state. The criterion for issuing a nativity certificate shall be the place where the person concerned has been brought up and educated. The court also directed the village officer to issue a nativity certificate to the petitioner forthwith.