Domicile of a state

Guest (Querist) 01 March 2013 This query is : Resolved
I am attaching a letter issued by the govt of Andhra Pradesh Department of Sainik Welfare vide their Memo No 13891//Admin/2007-S1 Directorate of Sainik Welfare MJ Road Nampally Hyderabad dated 19-01-07.
I wish to obtain CAP cert for my daughter for the admission to medical college in this state. I have a valid voter id, living in the same apartment since Nov 2002 and registered with the Ranga Reddy Zilla Sainik Welfare Office Hyderabad since my retirement on 31 Jan 2009. In fact due process of law I changed my permanent address way back in 2003-04 in my service book which is maintained at the Army HQ Delhi. My daughter fulfills the condition as a Local cat candidate which has already been confirmed by the EAMCET authority concerned in writing.
But I am denied CAP certificate quoting the letter above which in my opinion has misinterpreted the order of the High Court of Andhra Pradesh on a Writ Petition filed by a few affected candidates Vide Writ Appeal No 951 &952 of 2006 (Despite my all out efforts I could not locate the order of the High Court in the Internet, either the same had not been uploaded or tampered with).
For your convenience as uploading of a document to Lawyerclubofindia site is a Herculean Task for me and I have experienced trouble with my P4 2005 vintaged Desk top computer I am quoting vertim the relevant para as quoted by the Govt of Andhra Pradesh in the letter quoted above to come to the conclusion and to demand from the Ex Servicemen like me
a) Original Copy of the Discharge Cert
b)Identity Card
c) Pension Book
d) TC & SSC certificate of the Ex-servicemen (self) to proof that he belongs to Andhra Pradesh State ( Domicile of AP).
The letter in gist :
GO Ms No192 of Education Department (EC-2) dated 26 -081993 issued orders categorising the ex servicemen into four categories for admission into Engg, Agricultureal and Medical (EAMCET) for the children of the Armed Forces Personnel and also defined the term NATIVE as follows:-
Native means Ex-Servicemen, BSF personnel , CRPF personnel who have represented the state of Andhra Pradesh at the time of joining the service by declaring as the permanent Home Address as a place in Andhra Pradesh and are bonafide natives of the state including these AP servicemen/BSF personnel, CRPF personnel who are stationed in other states at the time of submission of application for admission".
It further states " Without giving any consideration to the GO Ms 192 of Education (EC-2) department dated 26-08-1993 , the education department issued GO Ms No 370 of Education (EC-2) DEAPRTMENT dated 18-08-1994 amending the GO Ms No 184 of Education Department (EC-2) dated 20-08-1993 wherein children of all ex-servicemen and serving defence personnel , CRPF , BSF Personnel irrespective of their nativity who reside in AP for five years are made eligible to seek admission into Engineering , Medical colleges. (This is the Internal Bureaucratic fights within the education department of the sub-sec-EC-2, A UNIQUE CASE, i DO NOT KNOW GOVT PROSECUTOR WAS ON WHICH SIDE OF THE EC-2)

As per the para 4 of the letter Ex-servicemen Welfare Associations ( I do not which one as we are all who have settled are members of the Ex-servicemen Welfare Association in one way or other, but never raised this issue)had stated GO 370 is against the interest of the ex-servicemen/serving personnel who are domicile of the state...as many ESM who belong to other states are claiming the benefits by MERELY submitting a residential certificate from the Mandal Revenue Officer for five years.
At Para 3 it quotes the Order of the High Court verbatim which reads as follows :
" For availing of various benefits/concessions offered by a state , ex-servicemen has to be the domicile of that state."
" Held that mere residence in AP for 5 years will not entitle a person to the benefits available to ex-servicemen in the state of AP without the proof of an individual's domicile in the state of Andhra Pradesh"
At para 4 it then states and I quote verbatim :-
" In view of the above all the Zilla Sainik Officers in the State are hereby instructed to issue Children of Armed Forces Personnel Certificate ( CAP Certificate) only to the children of Armed Forces Personnel who are domicile of Andhra Pradesh whhich is interpreted as :-
" Natives means Ex-servicemen and serving Armed forces personnel ( Indian Army , Indian Air Force and Indian Navy) who have represented the state of Andhra Pradesh at the time of joining the Armed Forces by declaring a place in Andhra Pradesh as their Permanent home Address"
And it conclude at para 5 as follows :-
" The officers are hereby instructed not to issue CAP certificate to any Ex-Servicemen who belongs to other States and settled in Andhra Pradesh even though he has changed his address in the Discharge Book .

There was definitely a govt prosecutor who defended the case and another who represented the affected candidates in the year 2006. I am no lawyer but I can sense that GO 370 of the Education Department(EC-2)headed by some minister of some political party when published as the govt of Andhra Pradesh order superseded the GO published by the same department namely GO 192 as well as GO 184 dated 20-08-1993 and 26-081993. One can very well see how bureaucrats in this country engaged in TURF wars.The Department Sainik Welfare headed by a retd Brigadier who issued CAP Cert based on GO 192 and not on GO 370 of 18-10-1994 had infact committed a serious breach of trust and should have been dismissed. Instead he seems to have spearheaded the campaign in the name of some unauthenticated Ex-servicemen .
Whole issue has now been a case of misinterpretation of the govt of India High Court Order which nowhere has said what has been interpreted by the Dept of Sainik Welfare headed by a Brigadier. In essence citing this auth one can question the domiclity of Dr Manmohan Singh to represent some State in the North East and be asked to step down as our PM.
Now I request the experts to help me in this regards..
I certify that I do not belong to BPL category..

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Guest (Querist) 01 March 2013
Could not attach due to tech failure to close the window once the document uploaded.

Khaleel Ahmed Mohammed (Expert) 01 March 2013
You can contact me in person before taking appointment.9848574812

Raj Kumar Makkad (Expert) 01 March 2013
No letter is found attached.

Guest (Querist) 01 March 2013
As I said I could not attach the document as my document is being scanned either in Tif or in JPEG which is not being accepted by the Lawyers site. I tried copy paste action of the document saving in word document etc but it did not happen..I need to get some lesson from my daughter outstation.
However in anticipation I have typed almost all the relevant details from the same letter based on which Zilla Sainik Welfare Officer Ranga Reddy district has refused to admit my application..They are asking for "a copy of any educational certificate of the ex-serviceman (self) to proof that he belongs to Andhra Pradesh" Which is contrary to the judgement given by Hon'ble Chief Justice of AP High Court supposedly disposing of a Writ Appeal No 951 & 952 of 2006 against Directorate of Sainik Welfare , Department of Sainik Welfare , Govt of AP. As the judgement is not online I could not lay my hands on a copy of the judgement. I am sure some Advocate member from AP especially from Hyderabad be able to provide us the link unless he is of the view that ex-servicemen irrespective of their nativity shall not avail such benefits which is exactly MNS chief Raj Thakre is demanding..

prabhakar singh (Expert) 01 March 2013
You have an offer to call on 9848574812

Guest (Querist) 01 March 2013
What does that mean --a paid advice?

Guest (Querist) 01 March 2013
Priorities Under CAP Quota :

CAP - Children of Armed Personnel

As per G.O.Ms No 192, Higher Education (EC-32) Department, dated 26.08.1993 following are the priorities to be followed for admission under CAP quota

Priority 1 : Children of Armed Forces personnel, BSF personnel and CRPF personnel killed in action.

Priority 2 : Children of Armed Forces personnel, BSF personnel and CRPF personnel disabled in action and invalidated out from services on medical grounds.

Priority 3 : Children of Armed Forces personnel, BSF personnel and CRPF personnel who are in receipt of Gallantry Awards, the order of merit for consideration of the Gallantry Awards being as given below

Armed Forces Personnel
a. Param Veer Chakra, b. Ashok Chakra, c. Sarvotham Yudha Seva Medal, d. Mahavir Chakra, e. Kirti Chakra, f. Utham Seva Medal, g. Vir Chakra, h. Shourya Chakra, i. Yudha Seva Medal, j. Sena/Nau Sena/Vayu Sena Medal, k. Mention in dispatches
BSF/CRPF Personnel
President's Police and Fire Services Medal for Gallantry
President's Police Medal for Gallantry
Police Medal for Gallantry
Priority 4 : Children of other Ex-Service men, BSF Personnel and CRPF Personnel.

Note :

Children who do not come under any of the priorities 1 to 4 under this category shall not be eligible for consideration under this quota.
If there is more than one candidate in a particular group in the order of priority indicated above, the selection shall be based on the rank at EAMCET.
This reservation shall be available only to the Ex-Service Men, armed Personnel etc who resided for a minimum period of five years in Andhra Pradesh within the ambit if G.O.P No. 646, dated 10.07.1979 (Six point formula) and G.O.Ms No. 370, dated 18.10.1994.
The children of ex-service men and service men residing in the state of Andhra Pradesh seeking admission shall, in support of their claim, submit a residence certificate signed by the Mandal Revenue Officer (MRO) from where the candidate claims the resident of his parent.
Candidates seeking admission under this category should submit documentary evidence in support of their claim from competent defence BSF/CRPF authority.
- See more at: http://www.netbadi.in/reservation-quotas.html?start=1#sthash.glJSLDds.dpuf

ajay sethi (Expert) 02 March 2013
Mr khallel Ahmed has graciously offerd to resolve your problem after prior appointment . take the offer

Raj Kumar Makkad (Expert) 02 March 2013
Even Mr. Singh has invited your call so take benefit of his offer.

Guest (Querist) 02 March 2013
I request the expert to reply to my queries here as it would then help many affected parents who are being denied CAP certificate by the Zilla Sainik Welfare Officers against the authority of the letter issued by the Dte of Sainik Welfare AP.

Devajyoti Barman (Expert) 03 March 2013
Mr Singh did not ask to call him but to Mr Amhmed.
For this type of long queries, it is better to ask for paid service.
There should be limit for freebies anyway.

prabhakar singh (Expert) 03 March 2013
If some one is prejudice with some one he would but for granted react as Mr. Makkad reacted to my answer here.He often does so in one way or the other.In past I use to take notice but now I deliberately ignore.

Thanks to Mr.Barman who rightly understood what I said.

Raj Kumar Makkad (Expert) 03 March 2013
The allegation leveled by Mr. Singh is nothing but a bias against me otherwise I every time appreciate his views and pay more than desired respect to him but even if he has a specific opinion about me, I dont care and even need not to get his views mended.

Guest (Querist) 03 March 2013
My query is very very simple..not long or short. what are the conditions for being domicile of a state of AP.Is it different in other state?
I would request the Admin to rewrite its aim and objectives or else display rate chart for each and every advice on offer..We are a bunch of hypocrites.

Raj Kumar Makkad (Expert) 03 March 2013
Admin should pay attension towards the desire of Haridas mandal.

Guest (Querist) 04 March 2013
When I was posting queries universal in nature I was then asked by the Experts mind my own business..When I asked for advice regarding a genuine case on the issue of Time bar to file a case I was told to forgive and forget the past.Now that I have asked for a very specific problem on Domicile the responses are beating around the bush..Someone even going to the extent of stating the fact that none is here for charity..I am sure that admin who so it is must have a re-look of its policy..being here as a social site in the first place..

Raj Kumar Makkad (Expert) 04 March 2013
Mr. Mandal! I have also requested Admin to look after your issues but nothing can be done at least on my part if he is also not paying his attention towards you.

Guest (Querist) 05 March 2013
Some are eagerly waiting to express their views ...lets give them a chance.

Guest (Querist) 10 March 2013
Lord ParshuRam De-Khastriyas our mother Earth 7 times ..I think people of India will forge alliance to de-lawyered our courts at least for once for the better.

V R SHROFF (Expert) 10 March 2013
You have an offer to call on 9848574812

I had already appealed all Leading Expert to Boycott .
I agree with Shri Barman, Shri Rajkumar Makkad and Shri Prabhakar Singh .
CHK YOUR HISTORY..

Guest (Querist) 10 March 2013
You are simply showing your weaknesses and not the expertise in your chosen field..

Guest (Querist) 14 March 2013
My letter to Director AP Sainik Welfare
Director
Dear Brig
I take the privilege to bring to your kind notice that despite fulfilling all the pre-requisite Ranga Reddy Zilla Sainik Welfare Officer has refused me a CAP Certificate for my daughter who is appearing for the intermediate Second in this month and wish to sit for EAMCET for medicine in the local category.
The officer has cited a copy of the letter govt of India Dept of Sainik Welfare ( Directorate of Sainik Welfare) Memo No 13891/Admin/2007-S1 dated 19 -01 -2007 in which it reference to one judgement given by the Hon'ble Chief Justice of Andhra Pradesh on Writ Appeal No 951 & 952 of 2006
The judgement is not available in the internet. From the para 3 of your letter which has quoted a part of the order verbatim and I quote:
" For availing of various benefits /concessions offered by a Stae, ex-servicemen has to be the domicile of that State".
" Held that mere residence in AP for 5 years will not entitle a person to the benefits available to Ex-servicemen in the state of AP without proof of an individual's domicile in the state of Andhra Pradesh"
Which is interpreted at para 4 of your letter as quoted below..
" Native means Ex-Servicemen ....home address>
Your interpretation is not only erroneous but insulting to the Hon'ble Chief Justice of High Court of Andhra Pradesh who has categorically stated that 'For availing various benefits / concessions offered by a state , Ex-Servicemen has to be the domicile of that state." All the extrapolation done on the key issue on the issue are not legally untenable.
Secondly the Hon'ble High Court of Andhra Pradesh in no stretch of imagination in that judgement ordered cancellation of GO ms 370 issued by the Education Department ( EC-2) dated 18-10-94 and hence the order is functional superseding all the GO s issued earlier on the same issue.
May I request you therefore to abide by the GO Ms No 370 dated 18-101994 and issue such instruction to Zilla Sainik Welfare Officer Ranga Reddy District to issue CAP certificate for my daughter at the earliest.

Yours sincerely

Guest (Querist) 14 March 2013
And to Governor AP

to governor
Respected Sir
With most respectfully I beg to state a few lines for your perusal and favourable order please.

I hail from the state of West Bengal, commissioned in the Corps of EME Indian Army on 16 Dec 1978, got married to girl domicile of this state in the year 1984 while posted to 1 EME Centre, came on last leg posting once again to 1 EME Centre in Dec 2007. Meanwhile booked a flat at SV Colony RK Puram in the year 2000, took possession of the house in Nov 2002. Applied for change of permanent address which was approved and incorporated in my service book shortly there after.Since 07 Dec 2007 I have shifted to my new flat at the present address duly registered by the Sub-Registrar Malkajgiri and notified to the local municipal authority i,e GHMC Malkajgiri.

I retired from service on 31 Jan 2009 and got myself registered with Zilla Sainik Welfare Office Ranga Reddy District vide Identity Card No AP/17/013023 dated 16/03/2009.My youngest daughter who was transferred from Central School Meerut to KV Trimulgherry in the year 2007 completed her Class X from the central school. She then migrated to Sri Chaitanya Junior School at ECIL X Road and is now appearing for the Intermediate second year this month. She intends to sit for EAMCET exam scheduled on 10 May this year.
Upon fulfilling all the laid down conditions as is notified in the official website of EAMCET along with all the supporting document I visited the Office of Zilla Sainik Welfare Office Ranga Reddy District at Lakdi ka Pool on 28 Feb 2013.
However my application for issue of CAP certificate for my daughter was not even admitted by the Zilla Sainik Welfare Officer who asked me to produce a copy of any education certificate of myself to proof that I belong to Andhra Pradesh. On enquiry I was handed over a copy of the letter issued by the Directorate of Sainik Welfare vide their memo No 13891/Admin /2007-S1 dated 19 Jan 2007 which quotes extracts of a judgement of the Hon'ble Chief Justice of Andhra Pradesh on a Writ Appeal No 951 & 952 of 2006 as follows :

"For availing of various benefits /concessions offered by a State , ex-servicemen has to be the domicile of that State."
" Held that mere residence in AP for five years will not entitle a person to the benefits available to Ex -servicemen in the state of AP without the proof of an individual's domicile in the Sate of Andhra Pradesh."

But the Directorate of Sainik Welfare has interpreted the judgement of the Hon'ble High Court of AP as follows :

"Native means Ex-servicemen and serving armed forces personnel who have represented the state of Andhra Pradesh at the time of Joining the Armed Forces by declaring a place in Andhra Pradesh as their Home Address"

and then based on their own interpretation has also instructed to the Zilla Sainik Welfare Officers not to issue CAP certificate to any ex-serviceman who belongs to other States and settled in Andhra Pradesh even though he has changed his address in the discharge book.

It is evident that Hon'ble High Court in its verdict neither cancelled the GO Ms 370 dated 18 /10/1994 issued by the Education Department nor redefined word Native in its order . Provision of GO 370 dated 18/10/1994 which states " wherein children of all ex-servicemen and defence personnel , CRPF, BSF Personnel irrespective of their nativity who resides in AP for full five years are made eligible to seek admission into Engineering , Medical colleges etc." is in full force and the Directorate of Sainik Welfare had no jurisdiction to supersede the GO in question through a memo issued to its captive constituency detrimental to the interest of all the affected Ex servicemen.

I therefore humbly request your august office for intervention in this matter and to issue such directions to nullify the memo issued by the Directorate of Sainik Welfare to all its Zilla Sainik Welfare Officers including Zilla Sainik Welfare Officer Ranga Reddy District on an over riding priority .

Yours faithfully
Haridas Mandal Lt Col Retd
Falt No 401 Ushodaya Apts
SV Colony, RK Puram
Secunderabad-500056
Phone - 27790895
Mobile - 9704679309

Guest (Querist) 14 March 2013
And to Ministry of Defence
o dgrindia, apsainik, Director
Respected Sir
I am forwarding a copy of mail sent to the office of the Governor of the State of Andhra Pradesh in respect to denial to issue of CAP (Children of Armed Forces Personnel) Certificate for my daughter despite fulfilling all the statutory conditions laid down namely { ( four consecutive years including the year in which she is to appear for the EAMCET for a medical seat to be eligible to become a local category candidate in Osmania University ( Which is already confirmed by the EAMCET authorities) and to reside in AP irrespective of the Nativity for five years to be eligible for CAP certificate to avail CAP quota.} Excluding the years I have lived at Secunderabad (AP) pre/post marriage on account of various courses for more than five years I have been living in my own house Flat No 401 Ushodaya Apartment SV Colony RK Puram Secunderabad -500056 since they the I physically reported on duty on permanent posting to 1 EME Centre with effect from 07 Dec 2007. I had acquired the property in 2002 and got my permanent home address changed in favour of the present address in the year 2003 which is on record. Intention to settle here if that is of importance to claim domicile of this state , it is well established because I am married to a girl who was born and brought up here at Secunderabad and a domicile of this state.
I have received no response either from the office of His Excellency, the governor of the state or the Directorate of AP Sainik Welfare headed by a retired Brigadier. My several visit to Zilla Sainik Welfare office requesting the officer to admit the claim of my daughter to be issued with the CAP Certificate has not been fruitful as they are insisting on "Any Educational Certificate of the Ex-Servicemen (Self) to proof that he belongs to Andhra Pradesh State (Domicile of AP) contrary to the conditions for eligibility for CAP certificate as well defined in Govt of AP Ms No GO 370 dated 18 Oct 1994. This GO is operative and is being regarded as the only authority while admitting CAP certificates issued by the respecting commanding officers in respect to Children of Serving officers of the Indian Army Air Force and Navy.
It is my daughter and such others whose parents are ESMs are being inconvenienced despite fulfilling all the terms and conditions for eligibility. In my view it is certainly not a local issue and has to be dealt at the highest level as it has universal ramifications across the length and breadth of this country interlinked with many such benefits/facilities /concessions offered by the States to welcome ESMs irrespective of NATIVITY to settle in State in Sovereign India. It is equally linked with the eligibility of an Indian to be elected as the Rajya Sabha MP representing a specific State.
The action of the Directorate of Sainik Welfare redefining Nativity as to draw level with its counter parts in the Education Department is causing much heart burn as it restricting ESMs like me to avail the concession / benefits offered by the State of AP. It is a source of real discontentment among the ESMs who though belonged to another State settled in this State integrating the nation in its unique way. I visualise this Memo issued by a retired Brigadier ( Ordinarily approved by your esteemed office ) is a serious threat to the integrity of the nation and hence be tackled at the God's speed to contain the simmering discontentment among affected ESMs in this state.
May I therefore request your kind office to settle the issue with the govt of AP and to use your influence to nullify the Memo issued by the Directorate of Sainik Welfare Govt of AP which is neither legal nor rational nor valid.

Yours sincerely
Haridas Mandal
Lt Col Retd
AP ESM I card No AP/17/013023 dated 16/03/2009
Postal Address-Flat No 401 Ushodaya Apts

Guest (Expert) 14 March 2013
Any basis for your conclusion about "some are EAGERLY waiting to express their views"?

Secondly, it is not understood, in what context you have asked, "What does that mean --a paid advice," as I have not been able to locate any such advice from any person asking you to have a paid advice?

Third, your own offensive and disgraceful language towards some community members make them desist from providing you any solution, if any they know, to help you. You can review your own remarks, "you are simply showing your weaknesses and not the expertise in your chosen field.." as made by you against Mr. Shroff. On what basis you can say that it is his weakness (without having any inkling about his knowledge) AND NOT his irritation towards your manner dealing with community members? You can very well remember your derrogatory remarks and commanding language against the community members you used in almost all of your earlier posts?

NOW ABOUT YOUR QUERY, I was least interested, what to say of eager, to reply your query. But, since the problem relates to the education of your daughter, I have ventured to reply.

BUT, what I find the following relevant information is still wanting from the whole of your lengthy affairs ---

1) What are the actual terms about residency falling within the ambit if G.O.P No. 646, dated 10.07.1979 (Six point formula) and G.O.Ms No. 370, dated 18.10.1994.

2) Whether you submitted a residence certificate signed by the Mandal Revenue Officer (MRO) from where your daughter, as candidate, claimed to be the resident of her parent.

Your service/ pensionary documents can only serve the purpose of supporting documents in addition to the above two requirements. The question is the domicile/residency of your daughter, not yours, to claim the benefits/ concession.

Khaleel Ahmed Mohammed (Expert) 14 March 2013
Governor have no legal rights to interfear in this matter.You are advised to approach A.P High Court through writ petition.Your hue and cry in this forum could not yeild the fruit.

Raj Kumar Makkad (Expert) 14 March 2013
No one is here for paid advice either experts or the querists including you so it is not better to make false allegations.

Guest (Querist) 15 March 2013
For residency proof a residency certificate is one of the many. I have besides my Army documents where change of permanent home address is notified through a proper casualty return and post retirement a service document duly authenticated by the highest auth in the Army is issued for the purpose.It is in my possession along with the Identity Card ( Issued by HQ Andhra Sub Area from where I retired (This card is issued on behalf of the Army HQ duly endorsed with the permanent Address).Besides I have been issued with the ESM I card from the Zilla Sainik Welfare Office Ranga Reddy District fulfilling all the conditionalies which include my permanent address in this District duly notified and crosschecked from the Army HQ official web site. I have Voter ID from GHMC Malkajgiri which is issued after due verification of the permanent Home Address as noted in my official record. And my Aadhar Card.I have my registration of the present flat which was taken on procession in Nov 2002 duly notified by the Sub Registrar of Malkajgiri, Ranga Reddy.
For my daughter she has her admission record to KV Trimulgherry on 11 Dec 2007 and all the supporting documents till date to qualify her to be a local candidate as per the EAMCET authority. In fact that part has already been confirmed. She is appearing for her Senior Secondary Exam from Sri Chaitanya ECIL bR and been assured of being considered as a local candidate. There is no need for her to prove her residence here at Secunderabad.
It is the CAP (Children of Armed Forces) certificate ( only one percent of the seats ) to avail the quota based on the priority I to IV as noted earlier applicable for serving as well as ESMs.
The Serving armed forces personnel is to submit such a document stating that the serving soldier has lived a total number of 5 years in this state and be eligible. It is to be signed by the respective commanding officer. Directorate of Sainik Welfare is responsible to issue CAP certificate to ESM who has lived in this STATE for a minimum period of 5 years. They have issued a memo redefining the term Nativity and asking the ESM like me to produce a copy of Education certificate having studied in this state which is absurd , in my opinion.GO 370 of the Govt of AP which is taken as the authority by the EAMCET for admitting students under CAP quota make it eligible if the ESM has lived for 5 years in this state irrespective the nativity.
I could not upload the documents due to some problem in my computer or with the Lawyersclubof india site.

Guest (Expert) 15 March 2013
Dear Haridas,

I wonder to read your individualistic opinion/ views, "they have issued a memo redefining the term Nativity and asking the ESM like me to produce a copy of Education certificate having studied in this state which is ABSURD, in my OPINION, GO 370 of the Govt of AP which is taken as the authority by the EAMCET for admitting students under CAP quota make it eligible if the ESM has lived for 5 years in this state irrespective the nativity."

I wonder if, as an experienced retired Lt. Col., you are unable to realise the position of authorities whether they should be expected to follow the officially prescribed rules, orders & instructions OR the individualistic views/ opinions of the applicants?

The question arises, while during your service, were you able to use your own individual discretion or being led by the views of some unauthorised third person in the presence of the precribed rules and orders of the Defence HQ?

You ahould have have understood that the rules for Government business are made for common applicability and the authorities are led only by the official rules, orders and instruction, not by some individual applican't opinions or views about absurdity, etc.

Until and unless rules are modified, the authorities as well as the applicants are obliged to comply with the extant rules/orders on the issue. When you were not able to provide the prescribed documents pertaining to domicile to be kept on their record for inspection by higher authorities and audit, you should not have any grouse on non-issue of CAP.

I HOPE YOU CAN WELL UNDERSTAND THAT THE AUTHORITY ISSUING CERTIFICATE WITHOUT FULFILLING THE CONDITIONS OF THE OFFICIAL ORDERS WOULD BEEN BECOME LIABLE TO DISCIPLINARY ACTION FOR MISUSE OF HIS AUTHORITY IN ISSUE OF THE CAP WITHOUT THE REQUISITE DOCUMENTS.

I was not expecting you to be such a narrow-visioned person.

Guest (Querist) 15 March 2013
govt of Andhra Pradesh Department of Sainik Welfare vide their Memo No 13891//Admin/2007-S1 Directorate of Sainik Welfare MJ Road Nampally Hyderabad dated 19-01-07.

GO Ms No192 of Education Department (EC-2) dated 26 -081993 issued orders categorising the ex servicemen into four categories for admission into Engg, Agricultureal and Medical (EAMCET) for the children of the Armed Forces Personnel

GO Ms No 370 of Education (EC-2) DEAPRTMENT dated 18-08-1994 amending the GO Ms No 184 of Education Department (EC-2) dated 20-08-1993 wherein children of all ex-servicemen and serving defence personnel , CRPF , BSF Personnel irrespective of their nativity who reside in AP for five years are made eligible to seek admission into Engineering , Medical colleges.
Now tell me Sri Dhingra Which one you think stands the scrutiny of the law of the land? I have only stated the obvious as an inter departmental memo in my view stands no chance against a GO in this case GO 370 as you yourself have opined earlier.
All other things you have or implied i take it with pinch of salt..but just to raise the bar..there is a razing debate on in 24x7 news and abuse channels whether editors of prints and electronics media should have a minimum academic qualification duly registered from the accredited agencies like that of say Lawyers in India to practise law in the courts of India?
There opinions are deeply polarised..old and very well reputed media editors taking the view editors are not mere doing copy and paste jobs and that's whole time creative work , needed no academic qualification but practical exposures and inclinations..whereas Mr Katju, the maveric says even one needs a minimum laid down qualification to qualify for a Peon in a govt or a private company..The debate is on for the better.You know by now which side I am in..being in the army as a accredited engineer, exposed equally to Military Law as well as exposure in many myriad fields as a commissioned officer I strongly believe I am no less a match given a chance or a little tweaking in practise of law by anybody who can represent his or others case.That's besides the point here is a situation..A departmental memo only to restrict ESM belonging to other states though settled in this state and fulfills the conditions as laid down in GO 370. Which one the law of the land respect.Your considered opinion please.

Guest (Expert) 15 March 2013
Mr. Haridas,

When you try to widen the field of your small query wide and broad with irrelevant and extraneous matter, the whole of the importance and sense of your requirement is diluted to such an extent that the reader gets bored. BY THE WAY, what is the relevance of your following statement with your daughter's problem, even remotely?

"there is a razing debate on in 24x7 news and abuse channels whether editors of prints and electronics media should have a minimum academic qualification duly registered from the accredited agencies like that of say Lawyers in India to practise law in the courts of India?
There opinions are deeply polarised..old and very well reputed media editors taking the view editors are not mere doing copy and paste jobs and that's whole time creative work , needed no academic qualification but practical exposures and inclinations..whereas Mr Katju, the maveric says even one needs a minimum laid down qualification to qualify for a Peon in a govt or a private company..The debate is on for the better.You know by now which side I am in..being in the army as a accredited engineer, exposed equally to Military Law as well as exposure in many myriad fields as a commissioned officer I strongly believe I am no less a match given a chance or a little tweaking in practise of law by anybody who can represent his or others case.That's besides the point here is a situation.."

May be, you may possess unmatched qualities in certain fields, but cannot make you fit for all fields of your life. I hope you know, self assessment can never be true. One cannot be the judge for his own cause. Only others can judge qualities of aany other individual, that too from his deeds when come under scanner. But, to be frank, you have just broght plethora of problems through this site, which you have not been able to solve for yourself.

Further, it is not necessary that the authorities at the helm of affairs should necessarily be guided by your own concept, when you say, "a departmental memo only to restrict ESM belonging to other states though settled in this state and fulfills the conditions as laid down in GO 370. Which one the law of the land respect.Your considered opinion please."

To be frank, what I can visualise, when you try to impose and force your own perceptions over the authorities, your job automatically gets complicated. If someone, somehow, or the other would have been able to guide you to simplify your job, he would have avoided to come forward to help you. Better try to understand this aspect.

NOW COMING TO THE REAL QUERY OF YOUR LAST POST, "which one you think stands the scrutiny of the law of the land? I have only stated the obvious as an inter departmental memo in my view stands no chance against a GO in this case GO 370."

What I feel, you think everything in terms of law, whereas the authorities are bound only by the orders of their own department. They are usually unaware of the legal aspects. Unless official amendment is there against any order, no order issued by any authority, other than their own department, can be treated as null & void or replaced by the orders of the outside authorities. ONE QUESTION FOR YOU, when the army is in operation in the battle field against the enemy, would the army abide by the orders of Ministry of Home Affairs to abandon the operations, if the orders are not endorsed by the Ministry of Defence?

You should better have understood that legal aspects have to be seen only by the law enforcing authorities, like courts or the police. If you think every time that you are fighting a legal battle with authorities merely for sorting out small administrative issues on the basis of your own interpretations, you would need to go to court every time to establish correctness of your perception and to get legal orders to help solve your problems. Can you do that every time for each of your administrative problem? I don't think the courts are here merely to look after even the trivial administrative jobs of all the departments of the Government of India and the States.

The other thing, which I noticed, is that you think each of your problems are related to constitutional law, as you have posted almost all your queries in the category of constitutional law. That is quite is wrong. Constitutional Law sets only broad guidelines for the system, which has to make their own rules and procedures.

Guest (Querist) 24 March 2013
I think broader issue is whether all those ESMs (Ex-Servicemen)who have lived in AP for 5 years or more (irrespective of their nativity) is to be treated as domicile of the state of AP or not? GO Ms No 370 dated 18 .10.94 without superseding GO 192 settle the issue on being domicile of the state of AP (It is with due respect to the Six Point formula as was envisaged earlier).
If an ESM is found domicile of AP his/her children become automatically eligible for CAP certificate.Now some ESM claimed to be eligible as they submitted residency certificate from the Mandal Revenue Officer having residence in AP for more than 5 years.Neither the children nor the ESM actually lived in AP for those said years.Some ESMs native of AP objected thus came the ruling of the Hon'ble High Court of AP that to be eligible merely having residence in AP for 5 years will not qualify any ESMs to get the CAP quota.One has to be domicile of this state.
And to prove none other than the provision of GO 370 would apply.I have fulfilled the conditions ie to live in this state for 5 years or more ( in fact i have lived http://rti.india.gov.in/contactus.phpmore than 10 years, having one's own residence is not even a parameter but i fulfill that condition as well).
If law was science where it is "In a solar system earth goes around and around and moon is a satellite of mother earth" there will be no two interpretation of the fact but as the law is not science and sometimes considered fondly as an ass to the power infinity every body has its own interpretation..and then people ask for LOKPAL.
I will not engage any lawyer as I can't afford and even I can afford I will not engage on principle. There is a social site where they define their aim and objective is to share expertise i made my submission in that social site.People here have their freedom to provide me advice or to keep their wisdom to themselves..it will make no dent to my world.

Guest (Querist) 31 March 2013
I am pasting judgement on the issue of CAP cert ..may interest you..and if you are willing do advice.

Andhra High Court
Purnendu Kumar Sharma vs Ntr University Of Health Sciences ... on 7 October, 2005
Equivalent citations: 2005 (6) ALD 434
Author: L N Reddy
Bench: L N Reddy
JUDGMENT

L. Narasimha Reddy, J.

1. The subject-matter of these writ petitions is similar. Hence, they are disposed of through a common judgment.

2. Petitioner in W.P. No. 17503 of 2005 is the son of an Ex-serviceman. He appeared in the EAMCET-2005, with a view to secure admission in the First Year of M.B.B.S. Course, for the academic year 2005-06. He secured the rank of 11372. He was not selected in the usual course. The Government reserved 1% of the seats, in the said course, in favour of Children of Armed Personnel (CAP). Petitioner made a claim for a seat under that category. In fact, he was considered for admission, under that category, in the previous academic year, and was offered a seat in the First Year of B.D.S Course. Since his intention was to secure admission in M.B.B.S. Course, he tried even in this academic year.

3. In accordance with the procedure prescribed under the relevant provisions, the cases of candidates, claiming seats under CAP category, were referred to the Team, constituted by the State Sainik Welfare Board. The father of the petitioner was registered with the Zilla Sainik Welfare Officer, Muzaffarpur, Bihar. The officials of the State Sainik Welfare Board treated the petitioner as not eligible for admission against a CAP category of seats, on the ground that he is not a local candidate. The action of the respondents is challenged in this writ petition.

4. The case of the petitioner in W.P. No. 19150 of 2005 is almost similar, except for minor details. His father retired from Madras Regiment, and was registered with the Zilla Sainik Board, Thanjavur. Thereafter, he was employed in South Central Railways, and is working at Secunderabad. The petitioner appeared in the entrance examination and secured the rank of 2193. Since he was not selected in the main stream, he submitted an application for being considered against the seats reserved for CAP category. His case also was rejected, by the Committee of Officers, constituted by the State Sainik Welfare Board. Therefore, the University of Health Sciences did not admit him. Hence he filed the writ petition.

5. Petitioners contend that the respondents are not justified in rejecting their claims on the sole ground that their parents were registered with the Sainik Welfare Boards, outside the State of Andhra Pradesh. They plead that they have appeared in both the qualifying and the entrance examinations in the State of Andhra Pradesh, and that their respective fathers, undisputedly, are Ex-servicemen. It is their contention that there is nothing in the rules, which prohibits consideration of the cases of children of Ex-servicemen, who are registered with Sainik Welfare Offices in other States.

6. The case is mainly contested by the office of the Director of Sainik Welfare, A.P. Separate counter-affidavits have been filed in both the writ petitions. It is stated that the benefit of reservation of seats, in favour of CAP, is meant to be extended to such of the Armed Personnel, who have worked in the State of A.P., for five years, or Ex-servicemen, who have registered themselves with the Zilla Sainik Welfare Offices, within the State. Referring to the various circulars and clarifications issued by the Central Government, it is urged that unless the registration is transferred to any District, within the State of A.P., the petitioners cannot be extended the benefit.

7. Sri V. Jagapathi, learned Counsel for the petitioner in W.P. No. 17503 of 2005, submits that the stand taken by the respondents is untenable in law. He contends that the very fact that the case of the petitioner was considered in the previous academic year and was allotted a seat in B.D.S., tells upon the untenability of the interpretation placed by the respondents, on the relevant provisions. He submits that there is no provision in the admission rules, which restricts the consideration of the cases against a seat reserved for CAP category, only to those, who are registered with the Zilla Sainik Boards, within the State. Learned Counsel points out that the orders and circulars relied upon, by the respondents are mainly in the context of providing employment, and even in such cases, no hard and fast rule was laid, to disentitle an Ex-serviceman, from being considered for any benefit, on the sole ground that he is not registered with the Sainik Boards, within the State.

8. Supplementing the arguments of Sri V. Jagapathi, Sri K. Ram Reddy, learned Counsel appearing in W.P. No. 19150 of 2005, contended that the respondents have deviated from the procedure, which they have been following all through, and there is no basis for the same. He submits that there are instances, where, even the rule of minimum period of residence, was relaxed by the Government, by issuing G.Os. He points out that the group of the officers of the Directorate of Sainik Welfare, have acted in an arbitrary and discriminatory manner.

9. Learned Government Pleader for Home, appearing for Directorate of Sainik Welfare, submits that the benefits, such as post-retirement employment, provision of house-sites, reservation of seats for their children etc., in favour of Ex-servicemen, are meant to be extended to such of those, who are registered with the Sainik Welfare Offices, within the State. He contends that the seats reserved in favour of CAP category are not available for Ex-servicemen, all over the country; irrespective of the places they have registered themselves. He submits that the circulars issued from time to time, by the Government of India, are very clear to the effect that the benefit is available to only those Ex-servicemen, who are registered with the District or State Agencies.

10. Sri D.V. Nagarjuna Babu, learned Standing Counsel for the N.T.R University of Health Sciences, submits that the matter of certification of the eligibility of candidates under CAP category is entrusted to the group of officers, nominated by the Director of Sainik Welfare, and that the University has hardly any say in the matter. He contends that a reading of the admission rules clearly discloses that the registration with the Sainik Welfare Offices, within the State, is treated as one of the most important factors, and once the record discloses that the respective fathers of the petitioners, got themselves registered, at places outside the State, the petitioners are not entitled to be considered against that category of seats.

11. The N.T.R. University of Health Sciences issued prospectus for admission into First Year of M.BB.S and B.D.S Courses for the current academic year. Apart from providing reservations in favour of different categories, such as, those, in favour of SC, ST, the local candidates, women, physically handicapped etc., the University reserved 1% of the seats, in the said Course, in favour of Children of Armed Personnel, under Clause 7.4. The provision requires that the Armed Personnel or Ex-servicemen must have been residing for a minimum period of five years in the State of A.P., to enable their children to seek admission against the said category. Priorities were also prescribed. Children of Armed Personnel, killed in action, are placed in the highest priority, followed by those, who are permanently disabled in action, recipients of gallantry awards. The 4th priority is almost residuary in nature.

The term Ex-servicemen is also defined under the said provision.

12. Before proceeding to discuss the matter, on the eligibility of the petitioners, against this category, one aspect needs to be clarified. An endorsement was made by the 1st respondent to the effect that the petitioners are not local. Arguments were advanced to the effect that the petitioners answer the description of local area.

13. In exercise of power conferred on him, under Article 371 of the Constitution of India, the President of India, issued a notification dividing the State of Andhra Pradesh into three local areas, for the purpose of public employment and admissions into educational institutions. The definitions of local area and local candidates, contained in the said notification; are reproduced in Clauses 7.9 and 7.10, respectively, of the prospectus. A local candidate is the one, who has studied for four consecutive academic years, ending with the year in which he appeared in the relevant qualifying examination, with reference to the local area. The State is divided into three local areas, viz., Osmania University, Andhra University and Sri Venkateswara University, and the districts, comprised in the respective areas, are also mentioned in the definition. The connotation of the expression, local area, used by the 1st respondent, vis-a-vis the petitioners herein, has absolutely nothing to do with the said definition. There is absolutely no doubt that the petitioners answer the description of local candidate, as defined under Clause 7.10. The question before the 1st respondent was in a different context, viz. whether the Ex-servicemen can be treated as those belonging to the State of Andhra Pradesh.

14. In the context of present controversy, the following provisions contained in the prospectus are relevant:

"Clause-7.4.1:

(f) Children of Servicemen and ex-servicemen residing in the State of A.P. seeking admission shall, in support of the claim, submit a residence certificate issued by MRO from where the candidate is claiming the residence of the parent.

(g) The candidate should also submit a certificate from the Zilla Sainik Welfare Officer of the Zilla Sainik Welfare Board as to their eligibility to consider under Army/Ex-Army reservation, specifying the category to which the applicant belongs with attested copies of documentary evidence for the claim. (proformas appended to the application form).

(h) Applications of the candidates submitted for the reservation under Servicemen and Ex-servicemen quota shall be scrutinised by the Andhra Pradesh Sainik Board or its nominee and their decision is final and binding on the candidate."

Clause-7.4.2: The children of ex-servicemen are directed to bring the following original certificates at the time of Counselling.

1. Original discharge certificate of his/her parent.

2. Original Identity Card of his/her parent issued by Zilla Sainik Welfare Officer of the concerned district.

3. Original Pension book of his/her parent if pensioner.

4. Residential Certificates of the parent of the candidate issued by the Mandal Revenue Officer.

5. Certificates of Gallantry Award, Gazette notification, copies of part-II order and relevant documents if claims under Priority-I, Priority-II and Priority-III.

6. Children of Armed Force Personnel Certificate issued by Zilla Sainik Welfare Officer."

The remaining part of Clause 7.4 deals with the children of serving solders. Under Clause 7.5, it is indicated that the claims against this category are to be verified and certified by the Director of Sainik Welfare, Government of Andhra Pradesh, the 1st respondent in W.P. No. 19150 of 2005. From a perusal of the above provisions, it becomes evident that, in the context of children of Ex-servicemen, identity card issued by the Zilla Sainik Welfare Officer of the concerned District is one of the important documents, apart from the certificate of residence. At a time, when the claims for seats under this category were not so serious, and the number of aspirants for these seats were very limited, much attention was not paid, as to the requirement of registration with Zilla Sainik Board, or the definition of Ex-servicemen, etc. As and how the competition increased, the minute aspects, touching upon eligibility, started surfacing. The very fact that the petitioner in W.P.No. 17503 of 2005 was found suitable in the previous academic year, but was held not eligible during the current academic year; reflects this aspect.

15. It is a matter of record that the Ex-servicemen in both these cases are registered in the Sainik Welfare Office in Muzaffarpur of Bihar State and Thanjavur of Tamil Nadu State, respectively.

16. The registration of Armed Force Personnel with State or Zilla Sainik Boards at the time of their discharge, has got its own significance. Such registration enables them to seek the benefit of further employment, extension of other benefits etc. A similar question arose, in the Krishna District, in the context of extension of benefit to an Ex-serviceman, who was not registered with Zilla Sainik Welfare Office. The Government of India, Ministry of Defence, Directorate General of Resettlement, conducts the census of Ex-servicemen and their widows. The clarification issued by them on 21-1-1992 discloses that, apart from holding an identity card, an Ex-serviceman must be domicile of a particular area. This aspect has been further elaborated by them, in their letter dated 13-1-1994. It reads as under:

1. A number of instances of Ex-servicemen not in possession of valid Ex-servicemen Identity Card issued by Rajya/Zilla Sainik Boards, sponsored for employment/self-Employment projects have come to the notice of this Directorate. It will be desirable to insist on production of valid Identity Card issued by Rajya/Zilla Sainik Boards whenever any ex-serviceman approaches them for availing any benefit and concession.

2. It has, therefore, been decided that no ex-servicemen may be registered or sponsored for employment/self-employment projects unless he is in possession of valid Identity card issued by the respective Rajya/ Zilla Sainik Boards. The ex-servicemen not in possession of valid Identity card, may be advised to first get registered for issue of Identity card. This may kindly also be brought to the notice of all Zilla Sainik Boards in your charge for their strict compliance."

In the manual of procedure for registration and other related matters, the competent authority indicated as under:

"Para 14: Ex-servicemen who could not follow the above procedure, for some reason or the other can register themselves by presenting their Discharge Certificates and other documents in person at the Zilla Sainik Board serving their area of residence. Before registering, the Zilla Sainik Board is to satisfy itself that the applicant is a bona fide ex-serviceman and is not registered with any Sainik Board."

17. Transfer of registration from one Sainik Welfare Office to another, is also not a matter of course. The Adjutant General Branch of Army Headquarters issued a circular on 7-7-1988, directing that, any application, seeking transfer or change of registration, must enclose the supporting documents, duly verified by the existing Sainik Boards, with whom they are registered, and the new Sainik Boards, to whom they seek transfer. It was stated that whenever such applications are made, the claim shall be verified and the transfers or changes shall be effected.

18. If it were to be a case where registration at any place in India, would enable an Ex-servicemen to claim benefit in the rest of the country, the necessity for transfer or proving nativity, domicile etc., would not have arisen. The first sentence in the 1st paragraph of the circular dated 13-1-1994 issued by the Directorate General of Resettlement, makes it clear, beyond any pale of doubt, that it is only the persons, who are registered with the respective State or District Sainik Boards, that are entitled to the benefits, provided within that region. When such are the clear instructions and directions, the question of extension of the benefit of reservation in favour of CAP category to the Children of Ex-servicemen, registered at a place outside the State; does not arise. Learned Counsel for the parties are not able to place any material, to convince this Court, to ignore the circulars, orders and clarifications, issued by the authorities of the Defence Ministry, which are referred to, or extracted above.

19. Therefore, this Court does not find any basis to grant any relief to the writ petitioners. The writ petitions are accordingly dismissed. There shall be no order as to costs.

Guest (Querist) 31 March 2013
To add to support my case if the matter is lost in arguments/counter affidavit..

That I have lived for more than 10 years in the state of AP during in service in the Armed Forces for 30 plus years.
That due to last leg posting to a unit located at Secunderabad I am living since 03 Dec 2007 till 31 Jan 2009 ( in service ) and continue to live at the same address my own flat at Secunderabad as on date. Which is itself is more than 5 years.
That post retirement I have registered as ESM at Zilla Sainik Welfare Office Ranga Reddy District (as my permanent home address comes under their jurisdiction). An I-card to that effect stand issued to me on 16 .3.2009.
That my daughter (for whom I am seeking CAP Cert) is living since 03 Dec 2007 and had her schooling for more than 4 years including the Class XII board exam which is mandatory to enable her to become a local category candidate of Osmania University).
That I have now applied for Residency Cert from MRO Malkajgiri to make my case water-tight.
But where a Zilla Welfare Officer demand 'any education certificate, and his superintendent demand only school final certificate from any school from AP to prove that the ESM belong to AP' I know I need to keep the fight on an on for another 23 years unless some good sense prevails.

Guest (Querist) 08 April 2013
I know for sure some lawyers from Andhra Pradesh are itching to comment on the issue..

Guest (Querist) 09 April 2013
None here seems to respond free of cost..but Zilla Sainik Welfare Officer Ranga Reddy..is feeling very uneasy as I have submitted a RTI query asking them to provide date and time to peruse documents since Jan 2007 in respect to issue of CAP certificate to armed forces personnel..

Devajyoti Barman (Expert) 10 April 2013
After what the author has commented about our fraternity at large for no apparent reason, he should be boycotted at this site.

Guest (Querist) 11 April 2013
Its routine for the said fraternity to swing like a pendulum in a simple harmonic motion attached to a purse string..but there will be exceptions...

Guest (Querist) 20 April 2013
And here comes the Writ Appeal wa 951 of High Court of AP which is being mis-interpreted by the Directorate of Sainik Welfare to deny the CAP certificate to any ESM who has not represented the state of AP while joining the armed forces by declaring a permanent place of residence in AP.
The Writ Appeal was made by the same appellant when their writ petitions were dismissed as stated above.
The case in gist :
candidate one:
ESM father registered with another state post retirement..fulfilled all other conditions..CAP cert issued by the Sainik Welfare was not admitted as the ESM was not considered local..He then got his registration changed to one of the district in AP and demanded the quota afresh ..but denied.
Candidate two:
ESM father got his name registered with a district in AP , lived with family for more than 5 years, the candidate studied in AP.He was denied CAP cert as his permanent add as per his discharge book indicate a diff district in a diff state.
Both the candidates submitted writ petitions separately but decision of the NTR Health University was upheld by the learned single judges.
Both of them then submitted writ appeal but the decision went against them by a bench of two judges..the order of the learned judges is in gist :
candidate one : Not accepted as ESM father was registered with a different state post retirement and his change of state in respect to registration after the verdict by the single judge had come a bit late.
Candidate two: Let me produce it verbatim for the experts..
"As regards the appellant in WA NO 952 of 2006 , she appears to have studied in Vishakhapatnam from 1988 to 2006 and from the certificate of residence issued by the mandal revenue officer , vishakhapatnam , it is evident that she had been residing in vishakhapatnam for more than five years till the date of issue of certificate. i.e on 1.3.2006. But the appellant's father who retired from the Indian Navy was given a discharge certificate in which his permanent address was shown as "vill&post-Nagahar, via Rasra, Dist Balia(UP)". tHE HOUSEHOLD SUPPLY CARD DATED 14.10.1999ISSUED BY THE DEPARTMENT OF CIVIL SUPPLIES , Govt of AP, the passportbearing No A7297492 dated 25.2.1999 and the registration of appellant's father with district Employment Exchange on 27.4.2000 are the documents which no doubt show that the appellant is staying at Vishakhapatnam AP along with her parents for more than five years. As already held above this fact by itself would not entitle the appellant to the benefits available to ex-servicemen in the state of AP without the proof of her domicile in the state of AP.The learned judge therefore rightly declined to grant any relief to the appellant and the said order in our consideration does not suffer from any error warranting by us in excercise of our letter patent jurisdiction.
Before parting with the case we would like to mention that the ambiguity in the prospectus issued by the second respondent appears to be reason for filing a number of cases of this nature.Para 7.4 of the prospectus refers to the proof of residence for a minimum period of 5 years as the only requirement for consideration of candidates under CAP quota. The various proceedings issued by the Directorate General of Resettlement , Min of Def Govt of India prescribe domicile as the main criterion for claiming benefits by Ex-servicemen.We hope that the second respondent-University will have a fresh look at the conditions of its prospectus and bring them in line with the requirements stipulated by the Ministry of Def , for the purpose of filling up of seats under CAP quota in future.
For the aforementioned reasons , the writ appeals fail and they are dismissed.No order to cost."
In my case :
My discharge book confirms my permanent address as the present address which through legal process of law I applied for change while still in service way back in 2003.
I am registered with the Zilla Sainik Welfare office Ranga Reddy in AP immediately after my retirement from Army from Secunderabad.
I am in possession of a residential certificate for living here for more than 5 years issued by MRO .
My daughter is also issued with a similar residential certificate from MRO.
She has studied here since Dec 2007 and is being considered a local category.
I have just gone through :
Neha Saini vs State of Uttarakhand
and such other related judgements of the Supreme court in respect to domicile of a state by oRIGIN, BY CHOICE & by law.
Pl tell me how my claim for CAP certificate still be scuttled by the Directorate of Sainik Welfare which is insisting on "any educational certificate for the ESM to prove he belongs to this State"
Any body there to clear my doubt :
parameters or the pre-conditions which the honourable judges will accept as the true conditions for claiming domicile by choice in my case for AP?
Can I on my own ask for such a clarification from the honourable High court of AP on the issue in the back drop of the judgement delivered without defining the eligibility conditions for being domicile of this state of AP?

Raj Kumar Makkad (Expert) 20 April 2013
After going through your latest post in detail, I am of the considered view that it has good merit. As you had applied for the change of your permanent address even while in service and your daughter is also having domicile certificate duly issued by MRO like you, the benefit must be afforded to you. it shall be better for you to duly apply it failing which serve a legal notice and then move to high court as desired.

Apart from judgment of Uttrakhand, many other favourable judgments of SC are available which shall definitely help you.

Guest (Querist) 23 April 2013
Dear Sri Makkad
Thanks for the advice...I met the ZSWO Ranga Reddy Dist as well as the Director of Sainik Welfare in person..tried my best to convince..My application is held in abeyance since 22 Mar 2013..ZSWO who has put an additional clause " any educational cert for ex-servicemen (self) to prove that he belongs to the state of Andhra( Proof of domicile) did not budge from his position of denial.I have two very specific questions on the issue..shall request your help..as it has definitely be fought at the level of High Court.:
a) In its order Hon'ble judge of HC , AP has stated ( wa 951 of 2006 AP HIGH COURT)(page 3 line 10 from the bottom) "As already held above......the fact by itself would not entitle the appellant .....without the proof of her domicile(not mine)in the state of AP......"
Can you please explain what exactly said there..was it a slip up or intended?
b) The fact that wife's domicile changed automatically after marriage..is there a provision my daughter gets benefited by the fact that her mother was a domicile of this state and did not apply for any change in her domicile after marriage?

Guest (Querist) 23 April 2013
Today I have recd a letter from the Zilla Sainik Welfare Officer Ranga Reddy which states against my application for issue of CAP cert to my daughter..
Hon'ble High Court of AP WA 951 and 952 of 2006.
My appl dated 28 Mar 2013

With ref cited above it is hereby informed that as per Director Sainik Welfare instructions in the memo under ref that issue of CAP cert be issued only to the children of Armed Forces Personnel who are domicile of Andhra Pradesh.
On verification of the documents submitted by you , you are not domicile of Andhra Pradesh and You have not commissioned in Indian Army from the state of Andhra Pradesh , as such as per the Director Sainik Welfare Hyd instructions your daughter is not eligible for the children of Armed Forces Personnel ( CAP) cert in AP.
sd
ZSWO Ranga Reddy Distt
As can be seen ZSWO has evaded pointing out inadequacies in my application to be eligible to be domicile of this state..It is not even sure whether to rely on Director Sainik Welfare or High Court Order which he has mentioned but did not highlight any part of its order.
Earlier dealing with WP single judges rejected the petition stating both the applellant were not registered with AP zilla Sainik Board hence denial of CAP Quota despite CAP cert issued by Zilla Sainik Welfare Sainik Boards in AP by the NTR Health & Science University during councelling.
During Writ Appeals WA 951 & 952 one was rejected as under : That both the children and the ESM have resided for more than 5 years in the state of AP.But his permanent add as per discharge book was not in AP.Though he then got it changed to a place in AP. But the two bench judges upheld the WP order as mere residence for 5 years will not confer him right to be considered domicile of this state.
In second case..as discharge cert his permanent add was not in a place in AP..he was registered with Zilla Sainik Welfare in AP.hadd resided in ap for more than 5 years..children fulfils the requirement but was not considered domicile as his permanent add was not in AP as per his discharge cert.
In my case permanent home add as per discharge book is in AP, I am registered with ZSWO RR dist in AP immediately after my retirement from the same station, I have resided more than 11 years in total but last five years in the same residence owned by me..My daughter fulfils all the conditions..her mother is domicile of this state ..but my application is rejected stating I am not a domicile of this state as I did not commission in the armed forces from this state.
I have to move the matter to court . Pl provide me the link for Supreme Court latest orders on eligibility conditions for a state in respect of domiciliary..I shall be grateful..Yes I do think I have to engage a lawyer as this ZSWO and his bosses at Directorate Sainik Welfare is stretching it too far as in that case I would not be considered domicile of this state in my life time..My wife will not be considered a domicile of this state because she was married to me..My daughters will never get the status of being domicile of this state as their father did not foresee this and did make no effort to get his commission from this state..
In the next meeting of ESMs I am going to tell all the retired Generals and all other ranks who irrespective of their nativity have settled in this state and contributed immensely for its development to surrender their ESM i Cards to the Directorate of Sainik Welfare Hyd , not to attend any of their functions and even boycot His Excellency the Governor of AP who takes fancy in inviting the ESMs belonging to other states have made their home here and helping the govt in many special ways..
I am going to take up the issue with the DGR , Min Of Def as the hon'ble two bench judges have taken umbrage of their circular in respect to availing facility offereed by a state ..they must with draw all grants and funds to the govt of AP for the welfare of ESMs settled here irrespective of their nativity..it is the judges I think helping the bad elements in the states to divide th country in segments ..it is a very serious issue ..therefore I need the services of patriotic advocate to help me file a case in the high court and then to Supreme Court to sort this mess for ever..

Raj Kumar Makkad (Expert) 23 April 2013
The latest letter provides you an opportunity to approach high court. Now serve a legal notice and move ahead. The ground of non-changing of domicile by your wife after her marriage is not a big ground to claim CAP for your daughter.

Guest (Querist) 26 April 2013
Thank you very Sri Makkad..I am grateful.As I will not be able to engage the likes of Kapil, Arun, Anaad,Ram , Mahesh ,Indrani,Abhiseks etc etc I have to put some special effort along with my not-so-heavyweight Advocate I intend to engage on the issue..I have a few issues which if agitated in this forum may seal the issue in my favour benefitting more than hundred DESERVING CHILDREN of ESM belonging to other States who have made this State their Home State for a long long time..but not long enough in anticipation to commission or get recruited to the three Arms of Defence from this state.
My questions are :
a) To whom should I send my legal notice?
i) ZSWO, a nominee of the Directorate of Sainik Welfare AP , has refused me CAP cert ? He is issuing CAP Cert to ESM under the auth of GO 192 published in 1993 and which restricted the facility to "Natives means who during the joining the Armed forces declared a place in AP as their permanent add" and bonafide natives of the State who are presently employed elsewhere in the country" but deliberately is ignoring the provision of GO 370 of 1994 which staes " children of ESMs irrrespective of their nativity who resides in this state for 5 years are eligible for CAP cert"?
ii) But ZSWO has referred to the direction of Director Sainik Welfare AP while rejecting my request. It is the Director who had issued the letter instructing the ZSWO to issue CAP cert only to the children of those ESMs who during their joining in the Armed Forces represented the State by declaring a place in AP as their permanent home Address? It is the director who chose to respond to the ill conceived demand of a few ESMs belonging to this state not to issue CAP as per provision of GO 370 to ESMs belonging to other states as they claimed it was against the interest of the natives of this state? Director Sainik Welfare is generally a retired Brigadier or its equivalent from other two services.It was his duty to comply with the PROVISION of GO 370 first and fwd his recommendations on the representations made by a few native ESMs to his parent ministry i.e HOME Ministry for a possible amendment to GO 370 on that aspect. I have met the principal secy Education Deptt(EC2) which has confirmed that GO 370 is fully operational. It has not been impacted by the court order on the WA 951 &952 of 2006. In that case is it not the Director Sainik Welfare who is seen colluding with a few short sighted ESMs in this State to mis-interpret the order of court in respect WA 951 & 952 of 2006?
iii) Or the Hon'ble Judges who took umbrage of a letter issued by DGR Min of Def on the issue which has no direct bearing on the parameters or conditionalities for being a domicile of the state of Andhra but didn't ever mention the wrong or right definitions already listed in GO 192 of 1993 or GO 370 of 1994. It did not even mention about six point formula which is to be read in conjunction with GO 370 for confering the right to an ESM to be issued with a CAP cert.Is it not the Judges who have faltered and hence must issue clarifications .
Pl advice.

Guest (Querist) 28 April 2013
Who shall be the appropriate auth in the govt of AP to confirm whether GO 370 is fully operational or not? Can a department within the govt choose and pick GO of its choice to decide the domicile issue? In this case if there is a direction from the Court to the Govt will it be acted upon by the Department of Sainik Welfare in isolation..I may be wrong but I always believed LAW is an ass to the power of infinity.

Guest (Querist) 30 April 2013
Discussed my case with a local lawyer..some amount of "son of the soil" under current is doing the round..advocates are human being too...now-a-days local advocates are referring some GO 610 for the cause of Telengana ..But I have decided to fight to finish with or without advice rendered by the Experts in this social site.

Guest (Querist) 30 April 2013
I am the one man demolishion Army..No respite for the govt of AP..Govt at the State must take notice and clarify on the status of GO 370 vis-avis GO 192..Mr ZSWO RR is issuing CAP cert to Rao, Reddy and Singh to Malhotras but not to Mandal..this beehive must be demolished..Ekla Chalo Re..

Status as on 15 Mar 2013
Registration Number : GOVAP/E/2013/00258
Name Of Complainant : Haridas Mandal
Date of Receipt : 15 Mar 2013
Received by : Government of Andhra Pradesh
Officer name : Ms. P. Manoranjani
Officer Designation : Deputy Secretary (OL)
Contact Address : General Administration Deptt.
A P Sectt.,B Block Ground Flor
Hyderabad- 500022500022
Contact Number : 04023452275
Grievance Description : I belonged to the state of WB. Joined Army wef 28Jan 1978.Got married to a girl belonging to Hyderabad (domicile-AP) in 1984. Acquired a property (a 3BHK flat , the present flat in Nov 2002) , changed my permanent add from WB to this present add in 2003 ( in records). Since 07 Dec 2007 on my last leg posting to 1 EME Centre I am living in my present flat physically. My youngest daughter got her admitted to KV Trimulgherry (Secunderabad, AP) since 11 Dec 2007 , passed her cl X board exam from the same school and and then migrated to Sri Chaitanya Junior College in 2011. Now she is appearing for her senior secondary exam . She is now considered a local category candidate as per AP Ms GO 370 issued by the Edn Department handing admission tests and admissions to professional colleges for engg ,medical etc. Zilla Sainik Welfare Office Ranga Reddy has refused me CAP (Children of Armed Forces Personnel) Certificate citing a Memo issued by Directorate of Sainik Welfare, Dept of Sainik Welfare AP in 2007 which states that ESMs belonging to other states though settled in this state will not be issued CAP cert for their children. GO 370 is in full force..there is no amendment or court order pending against GO 370 and I fully satisfy the laid down conditions for CAP cert. I hereby lodged this complaint against the Director of Sainik Welfare , deptt of Sainik Welfare AP for denying my children the CAP certificate. I also demand that all the candidates names alongwith the names of ESMs who have got CAP quota for medical be uploaded in their website immediately. Yours sincerely Haridas Mandal
Current Status : RECEIVED THE GRIEVANCE

Khaleel Ahmed Mohammed (Expert) 30 April 2013
Mr. Haridas,
You are advised again to file a writ of mandamus. You can file the same as party in person.

Guest (Querist) 02 May 2013
That's why I needed your help..Thank you.

Guest (Querist) 10 May 2013
Dear Sri Khaleel
Can you please provide me the format to submit a writ of mandamus as a party in person..let me fight the case in High Court..as a party in person

Khaleel Ahmed Mohammed (Expert) 16 May 2013
You go to High Court, you may find number of drafting job workers.He will draft affidavit and also necessary formats of filing for very reasonable fee.

Guest (Querist) 25 May 2013
I am in the process of preparing the Writ of Mandamus. I have a small query..
a) GO 370 of 1994 (EC2)lays down the eligibility conditions for an ESM to apply and obtain a CAP cert for his Children.It supersedes the conditions for eligibility as laid down in GO 192 of 1993 (EC2). GO 192 lays down also the Priorities for ESM namely Priority 1..children of Soldiers killed in action, Priority 2/3- for disabled /medically boarded out etc. Priority 4 is for all others..like my children. In gist part of GO 192 is still functional..
Order of High Court on Writ Appeal WA 951 &952 of 2006 does not even mention about Go 192 or GO 370 but Director of Sainik Welfare has issued a letter to its ZSWO invoking eligibility condition as noted in GO 192..
My Query is Is the GO 370 of 1994 can be disregarded by Director of Sainik Welfare under Home Ministry?

V R SHROFF (Expert) 25 May 2013
You can contact Mr khaleel Ahmed who graciously offered to resolve your problem in person by taking appointment.98485748

WHY DELAY OVER TWO MONTHS,
REMEMBER YOU ARE ANGRY OLD the one man demolishion Army.. MUST ACT FAST..
AS SUCH INDIAN COURTS ARE VERY SLOW.
FULFILL YOUR DESIRE FAST.

Guest (Querist) 27 May 2013
Thanks for the compliments..Dear Sri Shroff. I had stated earlier that I am not in a position to engage the likes of Ram Jethmanalies, Arun Jaitleys, Kapil Sibals, Abhisek Manusinghvies...Even If I take help from some advocate they may need some experts' opinion which I tend to call it a second opinion..I have therefore posted my query on behalf of the would be advocate..
it is said ..If you share money it is lost for ever,if one share knowledge it enlightens many and if one share love it multiplies..I am sure experts here will surely make an effort to enlighten as ultimately it helps the society as a whole.

Guest (Querist) 03 June 2013
I am almost in the process of engaging a devil's advocate to file a writ in AP HC..Legal Notice prior to file the writ is not being mulled by my advocate.
Can some one help me to get a copy or the link to AP GO Ms 370 of 1994..?

Guest (Querist) 06 June 2013
ANDHRA PRADESH

Concessions & Benefits : General
1. The Govt of Andhra Pradesh have reserved seats for admission of the children of ex-Servicemen and serving personnel in the various technical vocational courses at various institutions.*
2. Cash awards to winners of Gallantry Awards. (Appendix 'E')
3. Ex-Servicemen suffering from T.B. are treated at par with NGOs of the State for admission to Govt T.B. Medical Institutes. Also free medical treatment in Govt hospitals for ex-Servicemen.
4. Free legal assistance to ex-Servicemen and their dependents where the Govt is not a party. Request for legal assistance can be made to the concerned Distt. or Taluk Legal Aid Committee.
5. The State Govt have reserved 2-3 percent Houses under HIG/MIG/LIG and EWS Income Group Housing Schemes for serving personnel and ex-Servicemen.
6. The State has made a provision for providing interest subsidy to ex-Servicemen for self-employment ventures.
7. Every year 20 to 50 Ex-Servicemen and widows of ex-Servicemen are allotted Metal Bunks for self-employment ventures.
8. District Collectors are competent to sanction old age/widow's pension in deserving cases, including ex-Servicemen @ Rs.75/- p.m.
9. There are ten Sainik Rest Houses in Andhra Pradesh (Appendix `C').
10. War Jagir allowance by State @ Rs.150/- p.a. for one child and Rs.50/- p.a. for every additional child w.e.f. 19 Mar 94.
11. Ex-gratia grants to all ranks who are seriously disabled and are invalidated out of service - Rs.5,000/-.
12. 2 percent reservation in Group II-B and IV posts.
13. A stipend of Rs. 250/- p.m. from special fund for R&R of ESM for undergoing OJT.
14. Reservation of 5 percent of Industrial Plots/Sheds for ex-Servicemen.
15. Ex-Servicemen are given preference in allotment of Route/National Permits by State Transport Authorities.
16. Priority is given for allotment of auto-rickshaws.
17. Financial assistance to ex-Servicemen in distress.
18. Funeral expenses upto Rs.1,000/- in case of death of an ex-Serviceman. In case of death of widow or child of ex-Serviceman, Rs.750/- and Rs.500/- funeral grant being sanctioned respectively.
19. Marriage grant of Rs.1,500/- to daughters of widow of ex-Servicemen upto two daughters. Financial grant for Intercaste marriage Rs.3,000/- and widows re-marriage Rs.5,000/- is also given.
20. For self-employment schemes financial assistance being rendered through AP State Financial Corporation.
21. Ad-hoc grant of Rs.2,000/- towards self-employment in petty business.
22. Monthly maintenance grant, maximum Rs.100/- being sanctioned as relief towards maintenance to incapacitated ex-Servicemen/widows.
23. Maintenance grant of Rs.900/- p.m. to disabled ex-Servicemen undergoing training at QMTI.
24. Financial assistance of Rs.300/- p.m. to II World War Veterans, Rs 200/- for widows of WWII and Old Age Pension Rs. 75/- p.m.
25. 5 percent reservation in Fresh water Pond Culture, Fresh water fish seek production and Brakish water pond culture.
26. Exemption from examination fee for APPSC.
27. Re-imbursement of tuition and other fees levied by Govt. approved colleges/educational institutions. Grants of book/equipment allowance and re-imbursement of 60 percent of study tour expenses.
28. Exemption from property tax for one house/property of ex-Servicemen/their widows/serving personnel when it is occupied by the widow/ex-Serviceman and by the family in case of serving persons.
29. Govt of Andhra Pradesh has equated Defence Service Trades with Civil trades vide G.O. Ms. No.16, Dt 12 Apr 99 of Labour Employment & Training and Factories (Emp) Department.

And of the issue of I card to ESMs:
Kendriya Sainik Board:
PROCEDURE FOR ISSUE OF IDENTITY-CARD TO RETIRING DEFENCE SERVICES PERSONNEL

1. The Identity Card to the retiring Defence Services personnel is issued by concerned ZSB where the retiring Defence personnel proposes to settle down after retirement as recorded in his discharge document(s). For this purpose, all retiring Defence personnel are required to get their particulars filled in the registration form in duplicate at the Record Office at the time of their discharge. One copy of the registration form is forwarded by the Record Office to the concerned ZSB by post and the second copy by hand through the retiree himself. Thereafter, the individual is required to call on the concerned ZSB along with three copies of the stamp size photographs, discharge certificate/PPO and other relevant service documents for issue of I-Card. At the ZSB, the particulars are scrutinised and in case the individual qualifies to the status of ex-Servicemen, he will be asked to fill in an application form and I-Card will be issued to him. Formats for applying for registration by ex-Servicemen and Widows with their respective RSB/ZSBs and issue of Ex-Serviceman/Widow Identity Card are given at Appendix F.

2.
Please remember, I-Card is a pre-requisite for availing the benefits of the welfare schemes instituted under the "Armed Forces Flag Day Fund" vide Government of India SRO 7E dated 13 Apr 1993.

Guest (Querist) 08 June 2013
From the Kendriya sainik board ( GOI) I found the org of Rajya / Zilla Sainik Board of the States as follows :-

The composition of the Rajya Sainik Boards and Zila Sainik Boards is given below:

a. Composition of Rajya Sainik Boards
President : Governor/Chief Minister
Vice President(s) : GOC-in-C Command
FOC-in-C Command
AOC-in-C Command
Ex-officio Members : State Ministers,
Heads of Departments,
Local Formation Commanders
Director, Resettlement Zone
Non-official Members : Four Ex-Servicemen,
Two prominent citizens
Secretary : Director, Deptt of Sainik Welfare

Note: - DGR and Secretary, KSB are special invitees at the meetings.

b. Composition of Zila Sainik Boards
President : District Collector
Vice President : Senior ex-Service Officer
Ex-officio members : Heads of State Govt Departments/ Recruiting Officer
Non Official members : Two ex - Servicemen
Four Prominent Citizens
Secretary : Zila Sainik Welfare Officer

Governor have no legal rights to interfear in this matter.You are advised to approach A.P High Court through writ petition.Your hue and cry in this forum could not yeild the fruit

Raj Kumar Makkad (Expert) 08 June 2013
Contact Khaleel as already offered to you.

Guest (Querist) 09 June 2013
Done it already..he is not available being out of station..so decided to engage another one.
Regarding observation of Sri Khaleel on the Governor's auth on the issue..I have some reservation. I have posted above the composition structure of the Rajya Sabha as well as Zilla Sainik Welfare Board.
All the Rajya Sabha/Zilla Sainik Welfare Board in all the states are 50% funded by the KSB (Kendriya Sainik Board headed by the Min of Def).As one can see Governor is the President of the Rajyasabha Board and Collector (An IAS.COM)is the President of Zilla Sainik Board.
Counselling is to start wef15 this month..my advocate is yet to get his hand on a copy of GO 370..therefore outcome may not benefit my daughter. nevertheless the writ will be filed, order of the court will also be challeged as integrity of this country on the issue of domicile/nativity and its narrow interpretation is bound to harm this country beyond repairs

Guest (Querist) 18 June 2013
My Advocate who took my brief on 02 Jun 2013 got my signature on the wakalat-lama on the same day along with all the documents in my support is incognito..He was supposed lay his hands on a copy of GO Ms 370 of 1994. He is neither picking up his mobile nor answered my SMS nor care to attend to me despite visiting his office three times in the last 15 days..Is it just a slip or should I read in between the lines as the issue I have raised and preparing to file Writ of Mandamus make shake people with vested interests..Nut I am determined..EAMCET counselling is about to start..My effort may not exactly benefit my daughter but will certainly benefit many in the near future..What can be done if my advocate with my wakalatlama try to play hide and seek with me?
Is there anybody who is ready to volunteer ( on payment ) to take up my case and prepare the the petition to file and represent my case in the court as a private person without officially engaging any lawyer?
I have given almost all the details above but let me summarise for the one who may be interested ( this case of domicile of a state (for ESM it is "you are domicile if you have not commissioned in the Army from this State" against the very fabric of our constitution. I do not know what could be the parameters for a civilian / ex -central govt employee to be considered as the domicile of the state of AP or an ex bureaucrat say Dr Manmohan Singh who is supposedly a bonafide domicile of Assam to become our PM.
I am not only agitated but I see a criminal conspiracy where govt officials (Sainik Welfare Directorate AP), Senior Lawyer (Govt Pleader, Home Ministry AP),Central Govt Officials (Kendriya Sainik Board, Min of Def,GOI) and even the so called hon'ble judges of the High Court (who said, mere residence for five years, has to be domicile etc etc ) to dis-integrate India in the name of Domicile (That same India which is still in one piece despite religious fundamentalism):-I am pasting an extract from order of the honorable(!!!???) High Court of AP on the core issue..
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6. The case is mainly contested by the office of the Director of Sainik Welfare, A.P. Separate counter-affidavits have been filed in both the writ petitions. It is stated that the benefit of reservation of seats, in favour of CAP, is meant to be extended to such of the Armed Personnel, who have worked in the State of A.P., for five years, or Ex-servicemen, who have registered themselves with the Zilla Sainik Welfare Offices, within the State. Referring to the various circulars and clarifications issued by the Central Government, it is urged that unless the registration is transferred to any District, within the State of A.P., the petitioners cannot be extended the benefit.
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. Learned Government Pleader for Home, appearing for Directorate of Sainik Welfare, submits that the benefits, such as post-retirement employment, provision of house-sites, reservation of seats for their children etc., in favour of Ex-servicemen, are meant to be extended to such of those, who are registered with the Sainik Welfare Offices, within the State. He contends that the seats reserved in favour of CAP category are not available for Ex-servicemen, all over the country; irrespective of the places they have registered themselves. He submits that the circulars issued from time to time, by the Government of India, are very clear to the effect that the benefit is available to only those Ex-servicemen, who are registered with the District or State Agencies
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14. In the context of present controversy, the following provisions contained in the prospectus are relevant:
"Clause-7.4.1:
(f) Children of Servicemen and ex-servicemen residing in the State of A.P. seeking admission shall, in support of the claim, submit a residence certificate issued by MRO from where the candidate is claiming the residence of the parent.
(g) The candidate should also submit a certificate from the Zilla Sainik Welfare Officer of the Zilla Sainik Welfare Board as to their eligibility to consider under Army/Ex-Army reservation, specifying the category to which the applicant belongs with attested copies of documentary evidence for the claim. (proformas appended to the application form).
(h) Applications of the candidates submitted for the reservation under Servicemen and Ex-servicemen quota shall be scrutinised by the Andhra Pradesh Sainik Board or its nominee and their decision is final and binding on the candidate."
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Clause-7.4.2: The children of ex-servicemen are directed to bring the following original certificates at the time of Counselling.
1. Original discharge certificate of his/her parent.
2. Original Identity Card of his/her parent issued by Zilla Sainik Welfare Officer of the concerned district.
3. Original Pension book of his/her parent if pensioner.
4. Residential Certificates of the parent of the candidate issued by the Mandal Revenue Officer.
5. Certificates of Gallantry Award, Gazette notification, copies of part-II order and relevant documents if claims under Priority-I, Priority-II and Priority-III.
6. Children of Armed Force Personnel Certificate issued by Zilla Sainik Welfare Officer."
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The remaining part of Clause 7.4 deals with the children of serving solders. Under Clause 7.5, it is indicated that the claims against this category are to be verified and certified by the Director of Sainik Welfare, Government of Andhra Pradesh, the 1st respondent in W.P. No. 19150 of 2005. From a perusal of the above provisions, it becomes evident that, in the context of children of Ex-servicemen, identity card issued by the Zilla Sainik Welfare Officer of the concerned District is one of the important documents, apart from the certificate of residence.
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At a time, when the claims for seats under this category were not so serious, and the number of aspirants for these seats were very limited, much attention was not paid, as to the requirement of registration with Zilla Sainik Board, or the definition of Ex-servicemen, etc. As and how the competition increased, the minute aspects, touching upon eligibility, started surfacing. The very fact that the petitioner in W.P.No. 17503 of 2005 was found suitable in the previous academic year, but was held not eligible during the current academic year; reflects this aspect.
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16. The registration of Armed Force Personnel with State or Zilla Sainik Boards at the time of their discharge, has got its own significance. Such registration enables them to seek the benefit of further employment, extension of other benefits etc.
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A similar question arose, in the Krishna District, in the context of extension of benefit to an Ex-serviceman, who was not registered with Zilla Sainik Welfare Office. The Government of India, Ministry of Defence, Directorate General of Resettlement, conducts the census of Ex-servicemen and their widows.
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The clarification issued by them on 21-1-1992 discloses that, apart from holding an identity card, an Ex-serviceman must be domicile of a particular area. This aspect has been further elaborated by them, in their letter dated 13-1-1994. It reads as under:
1. A number of instances of Ex-servicemen not in possession of valid Ex-servicemen Identity Card issued by Rajya/Zilla Sainik Boards, sponsored for employment/self-Employment projects have come to the notice of this Directorate. It will be desirable to insist on production of valid Identity Card issued by Rajya/Zilla Sainik Boards whenever any ex-serviceman approaches them for availing any benefit and concession.
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2. It has, therefore, been decided that no ex-servicemen may be registered or sponsored for employment/self-employment projects unless he is in possession of valid Identity card issued by the respective Rajya/ Zilla Sainik Boards.
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The ex-servicemen not in possession of valid Identity card, may be advised to first get registered for issue of Identity card. This may kindly also be brought to the notice of all Zilla Sainik Boards in your charge for their strict compliance."
In the manual of procedure for registration and other related matters, the competent authority indicated as under:
"Para 14: Ex-servicemen who could not follow the above procedure, for some reason or the other can register themselves by presenting their Discharge Certificates and other documents in person at the Zilla Sainik Board serving their area of residence. Before registering, the Zilla Sainik Board is to satisfy itself that the applicant is a bona fide ex-serviceman and is not registered with any Sainik Board."
17. Transfer of registration from one Sainik Welfare Office to another, is also not a matter of course. The Adjutant General Branch of Army Headquarters issued a circular on 7-7-1988, directing that, any application, seeking transfer or change of registration, must enclose the supporting documents, duly verified by the existing Sainik Boards, with whom they are registered, and the new Sainik Boards, to whom they seek transfer. It was stated that whenever such applications are made, the claim shall be verified and the transfers or changes shall be effected.
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18. If it were to be a case where registration at any place in India, would enable an Ex-servicemen to claim benefit in the rest of the country, the necessity for transfer or proving nativity, domicile etc., would not have arisen.
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The first sentence in the 1st paragraph of the circular dated 13-1-1994 issued by the Directorate General of Resettlement, makes it clear, beyond any pale of doubt, that it is only the persons, who are registered with the respective State or District Sainik Boards, that are entitled to the benefits, provided within that region. When such are the clear instructions and directions, the question of extension of the benefit of reservation in favour of CAP category to the Children of Ex-servicemen, registered at a place outside the State; does not arise.
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Learned Counsel for the parties are not able to place any material, to convince this Court, to ignore the circulars, orders and clarifications, issued by the authorities of the Defence Ministry, which are referred to, or extracted above.
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Ref WA 951 &952 of 2006 of AP HC..it is avl in the net.
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As for me as I have already stated:-
a)I am an ESM , a pensioner and registered with ZSWO RR AP post retirement 31 Jan 2009 , I card issued to me by ZSWO as per the direction of the Directorate of Sainik Welfare Min of Def GOI on 16 Mar 2009.
b) I have lived in AP for more than ten years including as a serving soldier and living continuously in my permt residential address as noted in discharge certifiacte by the Army HQ Min of Def GOI since 3 Dec 2007.
c) I am issued with a residence certificate for living 5 years from 03 Dec 2007 till date in my permanent address duly verified by the Tahsildar Malkajgiri.
d) My daughter has also been issued with a residence certificate for living with me for five years in the same residence.
e) She has studied in the KV Trimulghery since 11 Dec 2007 and passed her Senior Secondary Intermediate from Sri Chaitanya Jr College at ECIL Secunderabad AP this year and has qualified to be a local category student as per notification issued by the EAMCET auth Govt of AP.
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Therefore I satisfy all the parameters as noted above, pleaded by the govt pleader of Home Min AP admitted as the most relevant argument based on which Honourable HC Judges pronounce their orders on that Writ Appeal.
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Besides this even if I have to prove my domicile I need to govt of AP Order on the issue which is GO 370 of 1994..which states an ESM who resides 5 years in AP irrespective of nativity is eligible for CAP cert/ to avail CAP quota for admission to Engg/Medical colleges in AP.This GO is fully functional and no amdt whatsoever has been made or published.
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It is therefore nothing but a criminal offence on the part of Director Sainik Welfare AP to issue a memo interpreting order of the HC AP on the order of WA 951&952 that ESMs who have not commissioned or enrolled into the armed forces from this state of AP will not be considered domicile of this State hence not eligible for CAP cert.It is nothing less than criminal conspiracy by a section of the people at ZSWO RR, Sainik Directorate AP to deny me CAP cert giving ref to Memo Of Directorate of AP Sainik Welfare.Govt pleader at the home ministry has simply mis-led the HC Judge on the issue of registration /issue of I card..which is done duly verified from the discharge documents , a copy of which is sent to the concerned ZSB/RSB/ZSWO based on the officially recorded permanent address of the ESM, in my case registration done and I CARD issued from ZSWO RR duly verified by the Office of the ZSWO.
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I still believe that there are plenty of good people even in this forum and the experts.I appeal to one such advocate to come forward and fight against such criminal conspiracy..which has the potential to dis-integrate India if it still remains intact post 2014 General Election.I have already made up my mind that my daughter ( EAMCET rank 2318)be admitted in Lady Brabourn Colleg Kolkata but I will still fight this menace as it will help keeping the country integrated.
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Now shall wait for the right man from this forum..I am not in a hurry now.

Guest (Querist) 20 June 2013
To whom I had approached with my case is a very reputed lawyer in this capital town..He is the one engaged one of his junior to accept my case..I have not recd any response from any of them..It is now evident that delay is intentional .But I too am not in a hurry..Now can I get a good lawyer on line who will prepare me to present my case as private person before the Hon-ble High court? What all inputs you may require ---please spell out.There is no rate chart as yet, I know. But I must know the demand so that I am not un-balanced.

Guest (Querist) 23 June 2013
Advocate Laksmikath to whom Senior lawyer Deepak Bhattacharya sent me for my writ of Mandamus could not be traced till I made hue & cries..At long last at about 1145 hrs today I could catch him up at the office of Advocate Deepak Bhattacharya..I took my daughter along so not to loose my cool..I had submitted my case with all the documents on 02 Jun 2013..He promised me to get a call within three days..he was supposed to refer to provisions of GO Ms 370 of 1994.And stopped even responding to my call, SMS and my personal visits to that office several times..the office clerk informed me then that the file was with Adv Laksmikant..Today Adv Lakmikant when confronted told me that my case file is with the clerk..And it was handed over to me without the original copy of the reply from the ZSWO rejecting my application for the CAP Cert for my daughter.
Adv Laksmikath as well as his senior lawyer Adv Deepak Bhattacharya are guilty of instituting delay, to me knowingly with vested interest.Adv Bhattacharya has recently on tour to Germany..I will certainly confront him for the misconduct of his Junior with or without his approval.
The offer is still on..I need the services of an advocate on the issue..any body interested do let me know..my contact number is 9704679309..I do not wish to engage the likes of Ram Jethmanalies, Abhiseks, Aruns, Sibals etc etc as I simply can not afford to.

Guest (Querist) 23 June 2013

Lakshmikanth Simharaju
That's the name of lawyer to whom Senior lawyer Adv Deepak Bhattacharya sent me to file a writ of mandamus..on CAP cert denied.

Guest (Querist) 02 July 2013
Got the Devil's advocate..was asked to procure the GO's namely GO 370 of 1994, 192 and 184 of 1993..It was a tough task to get things from the Education department (EC2) at the secretariat..EC2 did not cooperate the officer-in-charge CRB (central Record Bureau).he was helpful .Only typed original copy of GO 192 located, remaining two as per their documents were taken by the EC2 in 2001 & 2006 but not returned as on date.tried my luck with the AP sainik welfare directorate..got all the three copies and handed over to the Advocate's Junior..I am now asked to vis them after two days..EAMCET counselling for medical is still not announced..

Guest (Querist) 05 July 2013
It is observed by my advocate that the copy of GO 370 dated 18 Oct 1994 has not been provided to me by the AP Sainik Welfare Directorate.In fact it is a true copy of the Rules supplement to aprt 1 extraordinary of the AP Gazette published by authority No 551 Hyderabad Friday Oct 28 , 1994..Notifications by govt EDU DEPT (EC-2)amdt to the rules of admission into IST year under graduate namely Engg, Agri & medicine through common entrance test (GO Ms No 370 Edu (EC-2)18th Oct 1994..
The officer supdt confirmed that that was the only GO in terms of GO 370 held with them and referred by the then Director in its memo dated 19 Jan 2007..Am I tricked?

V R SHROFF (Expert) 05 July 2013
""Thanks for the compliments..Dear Sri Shroff. I ""
Shri Haridas,
Try to be short and to the point.
Unnecessary lengthy discussion irritates most leading experts who ultimately wish to boycott your query.
All here are in short of time.

You being very Sr Citizen, I suggest you to be up to the point, and to get result, spend for those drafting & move fast.
After all there is no free lunch.
One need to be practical to get quick result.

And you have your Advocate. You have sufficient knowledge too. Act fast to get result.

prabhakar singh (Expert) 05 July 2013
If a query can survive for such a long period then why should cases not pend in courts for centuries.

Devajyoti Barman (Expert) 06 July 2013
Bang on Singhji.

Guest (Querist) 06 July 2013
When a query takes long in the experts' forum then "baat me kuchh dum hai"..The issue I have raised i.e the "domicile of a state (read Indian provinces incl UTs)and more specific to Andhra Pradesh exclusively applied to deny CAP quota to ESMs (there are different rules for Civilians from my state of Origin(WB) including that of one Sri (Advocate) Deepak Bhattacharya whom I engaged but failed me for a different reason).
I have the reason to believe that this very issue (earlier it was SON of the SOIL has the potential to tear the very fabric of integrity of our country.
Mr Singhji and Mr Burmanji , then I will have last laugh, from either heaven or hell.

Guest (Querist) 27 July 2013
Writ at AP HC admitted.Respondents asked to file detailed reply. Lets wait & watch.

Guest (Querist) 31 July 2013
In fact Writ placed before the first judge did not hear it for reason not known to me..A few days later the case came up before another judge who after hearing both sides asked the govt pleader representing Directorate of Ap Sainik to file a detailed counter..I am told my case will come up for hearing next week..EAMCET counselling by then will be all over..CAP Counselling is scheduled on 01 Aug 2013 but I haven't have the domicile certificate..No point then attending and being rejected at the gate.

prabhakar singh (Expert) 31 July 2013
Oh!GOD!It still survives!
I am sure it to be alive even after me.

prabhakar singh (Expert) 31 July 2013
RESCUE ME MAKKAD JI AND DHINGRA JI AND SROFF JI AND BARMANJI !HATS OF TO QUERIST JI.

Guest (Expert) 31 July 2013
Prabhakar ji,

Let the query die its own death. Don't try to interfere what he writes.

Naturally, if the first judge did not hear the writ for the reason not known to Mr. Mandal even when present in the court, at least we can't guess remotely (a matter of commonsense for the querist) as what was in the mind of the first judge not to hear his writ.

In fact, when he is frustrated and fails to properly represent before the court or the authorities concerned, he gets solace by expressing his frustration and anger through these columns.

Guest (Querist) 01 September 2013
For those extra ordinary experts..

WP 21313 / 2013 WPSR 112751 / 2013 CASE IS:PENDING
PETITIONER RESPONDENT
LT.COLONEL HARIDAS MANDAL, HYDERABAD, & ANR. VS THE GOVT.OF A.P.,SAINIK WELFARE,HYD.,& 2 OTRS.
PET.ADV. : WASIM AHMED KHAN RESP.ADV. : GP FOR SOCIAL WELFARE
SUBJECT: SOCIAL WELFARE & TRIBAL WELFARE(MISC.MATTERS) DISTRICT: HYDERABAD
FILING DATE: 16-07-2013 POSTING STAGE : INTERLOCUTORY(HOME)
REG. DATE : 18-07-2013 LISTING DATE : 08-08-2013 STATUS : ---------
HON'BLE JUDGE(S): NOOTY RAMAMOHANA RAO

Guest (Querist) 01 September 2013
To clarify further..I did not attend the case in HC in person.My Adv informed me that s the case was transferred to another Judge.The present Judge heard it and gave two weeks time to the adv of respondent to submit its counter..more than a month is over..my adv now informed me that "very soon our matter will be listed as the benches of hc is likely to be changed" should I dis-believe him?

Guest (Querist) 02 September 2013
This is the latest from my adv:--just for info of some special experts:-

"As you know the situation of Judges of our Hon;ble High Court, it will take some more time for your Writ Petition to be decided. Due to lack of Judges and posting of matter, we are unable to do anything".
Now we have the bar council to help me to expedite my writ? To whom should I complain? To CJ of the AP HC or CJI?

Guest (Querist) 06 September 2013
This is the reason i kept on telling "Law is an Ass'.How else do we justify the actions of the people who defies their own govt order and then defy the order of court and fail to submit counter within two weeks but are not still inside Tihar Jails.

Guest (Querist) 07 September 2013
Following the advice of my advocate I just finished sending a letter to the convener of NTR University of health sciences online and shall follow it up by post/courier tomorrow as the second/final counselling is due on 11 Sep for the CAP category.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
35816/HM/CAP/007/SEP/2013 SEP 2013
To
The Convener
EAMCET COUNSELLING (Medical)
C/0 Dr NTR University of Health Sciences
Vijayawada (AP)
PIN- 520008

SUB:--Allotment of MBBS seats under CAP quota in respect to Ms Suparna Mandal ( EAMCET 2013 Roll No 1328246327 Rank OC/OU 2318) . Writ Petition No 21313 of 2013 ( WPSR 112751 of 2013)

Respected Sir

This is to inform your kind office that undersigned Lt Col (Retd) Haridas Mandal son of Late Gurudas Mandal resident of Flat No 401 Ushodaya Apts SV Colony RK Puram Dist Ranga Reddy-500056) is the father of Ms Suparna Mandal as noted above. Being an ESM (Ex-Serviceman ) registered in the ZSWO Ranga Reddy district the undersigned applied for a CAP Cert for his daughter for a MBBS seat under special category. But his application was rejected by the ZSWO Ranga Reddy stating that He (Lt Col Retd Haridas Mandal) was not considered Domicile of Andhra Pradesh as he had not commissioned in the Armed Forces from the state of Andhra Pradesh. Aggrieved by the order of ZSWO Ranga Reddy the undersigned has submitted a Writ Petition on 16 Jul 2013 registered on 18 Jul 2013 and heard on 8 Aug 2013 by Hon’ble Judge of the High Court of Andhra Pradesh. In that the respondents namely (1)Govt of AP represented by Director Sainik Welfare Secretariat, Hyderabad, (2) Govt of AP rep by Principal Secretary Health Medical & Family Welfare Department Secretariat Hyderabad, (3) Zilla Sainik Welfare Officer RR District Collectorate Premises 3rd Floor Sneha Silver Jubilee Bhavan Lakdikapul, Hyderabad were asked to submit their counter within two weeks by the hon’ble Judge.
Counter as on date by the respondents has not been filed. Despite the urgency as Second & probably final counselling for special category including CAP quota due on 11 Sep 2013 the case is yet to be posted for final hearing & disposal.
As the case is sub-Judice the undersigned who is the Joint Appellant along with Ms Suparna Mandal request your august office to take notice of the case pending before the hon’ble High Court of Andhra Pradesh and admit her claim for a MBBS seat as per her relative rank in the CAP merit list for the year 2013 subject to the final order by the Hon’ble High Court.

I shall remain ever grateful for the kind act.

Yours faithfully

Haridas Mandal
Lt Col Retd
Father of Ms Suparna Mandal
Roll No -1328246327
Copy :-
1. Director Sainik Welfare , Gruhakalp, Nampally, Hyderabad
2. Principal Secretary Govt of AP Health Medical & Family Welfare Deptt Secretariat , Hyderabad
3. ZSWO RR District Collectorate Premises 3rd Floor Sneha Jubilee Bhavan Lakdikapul, Hyderabad

NOO: M/s Wasim Ahmed Khan (1155) Mohd. Mohinuddin (9252) 11-1-777/A Chilkalguda, Sec-Bad.

Guest (Querist) 14 September 2013
Today is a sad day for my daughter..Second and final counselling for the MBBS seat held by NTR University online. She was offered a seat in PvT Category B college.But the cost is prohibitive.I could not help her to realise her cherished dream to become a MBBS doctor.She is to continue with BDS in a govt college at Hyderabad.
CAP counselling is over on 11 Sep 2013..My Writ 21313 of 2013 filed on 16/7 regd on 18/7 transfered to another Judge on 19/7 (being wrongly posted as per my advocate),heard on 8/8/13.2 weeks time was given to Respondent to file a counter..but the case was not even posted till 12 Sep when counselling for SPECIAL QUOTA incl CAP was over. On 12 Sep my case was listed at serial 94..( I do not what is the system and how cases are alloted serial number)but the case was not taken up by the judge as he was over alloted.
I tried to submit a letter alongwith a copy of petition to the convener of counselling who refused to accept any letter from me.According to the convener unless court order is recd prior to start of counselling it will be of no use.
I am sure my advocate will be able to argue the case well and hon'ble Judge be convinced to issue a favourable order with retrospect effect.

Guest (Querist) 27 September 2013
Today third counselling for all categories less CAP quota for medical seats held. We did not attend as my writ petition No 21313/2013 in HC AP is still pending. Last heard on 8/8/13. Last listed at serial 95 on 18/9/13.I think they are waiting for third counselling & probably the final counselling to get over.

Guest (Querist) 01 October 2013
Registry of the High Court is yet to get some divine signal to list my Writ WP 21313/2013 filed on 16/7 regd on 18/7 wrongly posted and there was change of Judge etc. Last heard on 8/8 /13. Respondents departments of AP govt were given two weeks time to file their counter..but since then counter itself was not opened as it was listed at serial 94 on 12 Sep just a day when counselling for CAP was over & out.But the counter was not oened for my case.It was then listed at 95 on 18/9 and again counter was not opened..I have serious doubt about the listing of cases in a court..How can a case be listed at serial No 95 and then at serial no 95 .Is it possible that all the cases that were admitted minus the cases that were heard & disposed off were more urgent.

Guest (Querist) 10 October 2013
And again my Writ has been listed on 11/10. Serial number is not mentioned may be auctioned to the highest bidder. I am trying to contact my reputed lawyer.Lets see what;s cooking?
Now that Telengana is coming Seemandhara natives will also face the same as my daughter has faced..Will the present judge , being from that region listen to his heart or mind.
I will update for those who care for INDIA ONE.

Guest (Querist) 12 October 2013
My case was on the ONWARD List hence it was missing from the rpinted list. My reputed Advocate did not turn up stating case will not come up and it may be a mistake.There will be 10 days vacation for the hon-ble judges and they don't do overtime.
As I was already inside the HC AP alongwith my daughter who still hpe to get a MBBS seat as she would be at the top of the list on CAP quota if judgement comes in her favour.
She insisted that we meet that we meet the Registrar. So we went there and found the Asst Registrar. When asked why there is a delay he without blinking informed us that there are only 23 Judges and there are 5 lacs pending cases ( and hon-ble judges unlike the govt servants do not do overtime but get vacations in addition). We were not impressed. Asked him explain why my case was listed at 94 on 12 Sep, 95 on 18 Sep and now onward list on 11 Oct just a day before the hon-ble judges go on vacation.
He was a little irritated as father daughter duo was firing questions double barreled.I requested him to show me who has marked the priority for the 208 cases after which onward cases listed against the Judge at Court No 5 which ordinarily hears 30 odd cases a day. He told us it was as per the discretion of the Judge. When asked to show in black and white how the judge has marked the priority he told us that every thing is done orally.And who receive that oral order? He was terribly upset and furious as well and advised me to wait for the Registrar to answer my quesries.From 1030 hrs we waited for the Registrar who came and met some of his own people but went in and out supposedly to conduct Pooja which we saw being organised at the section level inside the court giving the HC of AP as being the Tirumala Tirpati by itself.This is besides a central Temple of the High Court in the Govt Land.
Registrar did not meet me. I waited for him to perform pooja with his family. I was advised by my reputed advocate to come and see him at his chamber to chalk out the strategy..to apply that after the vacation.
My daughter was demanding..its her career which is at stake..so I consulted a few friendly advocates inside the premises and then met the Court Officer at the Court No 5 to hand over my written appeal to the Hon-ble judge to allow me to present my case at 1415hrs. The court officer declined stating it was at 1000 hrs when such presentation is made.
My daughter reminded him that as per Asst Registrar a petitioner can be allowed to meet the Hon'ble Judge at 1415 hrs as well and it is a life and death case for my daughter..He declined. My daughter asked the court officer to give her the priority chit today itself as was advised by the asst registrar..The court officer explained to him that it was the prerogative of her advocate who should have shown such urgency and argued his case before the judge on all working days at 10 am.As per him it was the fault of my advocate for not being forceful enough to get the chit from the hon-ble Judge who is so busy may err at time in putting case like ours in the onward list when he himself gave two weeks time to the GP Home on 8 Aug to file their counter.
Now my point is what is this Chit business ? Is it as per conduct rules? As per court ethics? as per any standard operating procedure? If not why such practises are being followed giving an impression to AAM ADMI like me and her daughter that such chits are being sold to the highest bidders synonemous to TATKAL scheme?
Your expert opinion please.

Guest (Querist) 23 October 2013
My case as per the ap hc .nic ( wp no 21313 of 2013) was once again listed on 21 Oct 2013 . I do not know whether it was in the ONWARD or INWARD list as my advocate seems to know better.
I would like to raise a RTI query as to how my writ listed but not being heard since 9 Aug. It was listed at 95 on 12 Sep, 94 on 18 Sep , onward list on 11/10 and listed on 21/10 no mention whether it is onward or ?.But it is noted as pending.
I repeat my request..Are the chits issued by the judges serial numbered with time and date mentioned before they are presented to the Registrar's office for authentication and onward despatch to posting clerk?

Guest (Querist) 30 October 2013
My case was once again listed on 29 oct at serial no 104 of the interlocutory with another Judge.Within three months 16/7/13 this date there are three judges.What was the causes? Not known even to my advocate who told me it is the prerogative of the CJ to change the Judge at his will.Some one must be reading running commentary in lawyersclubofindia ( Hurray).It was however not updated in the hc ap.nic against my Writ wp 21313/2013.My adv informed me about this at about 11 pm on 28 oct and ask me to come to court No 10.I did and waited in impatience inside & outside the court no 10. They could reach case serial 55 which is all about land act, tribal land act of prehistoric age.It was like history to me in my 4 th standard.By 4 PM it was all over.Hon-ble Judge stood up, motioned to leave. A few advocates inside the court pleaded with him for listing his/her case early. Some were granted some were not. My advocate could not muster enough courage to be in the forward line of fire. May be......???!!!.I asked him his response. In essence it was told to me "that cause list court wise is made seven days in advance. Cases listed but not heard are then accommodated in the next weeks list . Of course there comes the chits &cheats into play as there was no announcement in the open court as to how those pending cases be listed in a day's cause list. We need to sort out this cause list if we want even LOKPAL to be effective as or else those cases will never ever be listed.

Guest (Querist) 06 November 2013
Since admission of my Writ wef 16 Jul regd on 18 Jul case taken up once as fresh case on 8 Aug much water has flown in the Musi River with EAMCET COUNSELLING FOR MBBS ALL OVER.The Govt Pleader for Home has not submitted the counter which was asked to be submitted within two weeks on 8 Aug.
My advocate has written couple of letter to the registrar to list my case on the motion list. He has also argued in person at the beginning of the day in court no 5 to expedite my case. Bar council of AP has also objected on the issue.My advocate is literally frustrated on my repeated email to him asking him to expedite my case.or to obtain a chit to expedite his case. He has further suggested through his juniors to pursued me to fight my case as a private in Person.He has offered quitting my brief as well. I want to force the Judges to hear my case within seven days..as listing of my case at serial no 94,95,104, onward lists makes no sense. As there is no determining factor(factors) in respect to preparation of the daily cause lists but only only adhocism. If I accept the challenge to fight my case as PIP what could be my "nature of Urgency in my case" to get a court Slip without the support of any advocate?

Guest (Querist) 07 November 2013
I am now convinced that it is neither 5 lakhs pending cases nor due to shortage of Judges but due to some vested interest my writ is being listed at serial number 94,95, Onward and 104 but not at serial No 1 or 2 or 3 or below 15 or 50 in the past. What is the purpose of listing a pending case at serial No 104 when on an average the hon-ble judge of a court is taking up 50 odd cases.
My advocate is angry as I am asking him to present my case again again and again and obtain a court slip (Chit) from Hon-ble Judge.There has to be some methodology, some determining factors for listing a Case at serial No 1 and another at Serial No 104 or ONWARD for which none takes any responsibility. And if there is a methodology (which my advocate is well unaware of) the court must post the details under sec 4 of the RTI Act 2005. It just can not go on and on without somebody is being penalised for the lapses.

V R SHROFF (Expert) 07 November 2013
DID U CALL on 9848574812
ADV OFFERED YOU HELP!!

LENGTHY TIME PASS QUERY........
WHO GET TIME TO READ??????????

Guest (Querist) 07 November 2013
That's the sad part of it..Lawyers who are suppose to read read & re-read are now shy of reading and taking admission into the political parties who have now the MAAL on their sides.
The Hon-ble judges who are supposedly to be insulated from the external environs are now looking for clue from the paid media being glued to the news and abuse channels after reserving the order for days months and even years.
The blind folded iconic symbol to depict that they see nothing beyond the courts are now not only open eyed but has fitted google goggles as well.
The case "Domicile of a state" is not a TIMEPASS case..I am sure there would be some advocates of eminence who will understand the importance of this case..and take part in it.Being in the Army so long we have seen how Regionalism or Guratism or MNS ism is bad for our country..Lets the Supreme Court of NRI sorry India get proactive in this very important issue and ask the HC of the states to transfer all such cases to the Supreme Court to hear it one final time or else we will have 26 different India within India.

Guest (Querist) 09 January 2014
My Writ Petition 21313 /2013 at the High Court filed on 16 Jul 2013 registered on 18 Jul..is now pending with the third Hon-ble Judge though listed at the bottom of the daily cause list with no intention to hear the case.Why the Judges got changed three times ? Why the writ which is about denial of a CAP cert for admission to Medical College in AP for my daughter who holds EAMCET 2318 OC/OU rank was not considered urgent either by the hon-ble court or by the Registrars of the High Court. Did my Advocate who belongs to A SPECIFIC MINORITY community is the root cause? Is my surname or my daughter's over ambition is the root cause of the trouble..Is domicile of a state which has no locus standii as per various supreme court rulings is keeping the hon-ble judges to shying away..as Telengana/ Seemandhara residents will also be affected there after? Why govt pleader was given two weeks time to file their counter affidavit but has not filed the same as on date? Is he been instrucetd by his bosses not to do so? If yes why ? If No why contempt of the court proceedings is not clamped on the GP Home AP? Why the jusges were changed? Was my Writ wrongly posted twice? f yes has any action been taken against the erring staf at the Registrar's office?
Why my writ is not being listed at the top of the cause list for once / Why NI.COM which claims its software virus free is not able to list my case on the top at least for once? Who is tampering with the daily cause list? Is it being done as per written advice of the hon-ble Judges or being left to the corrupt clerical staff..if yes why? Why Why? As an Aam Admi I am disgusted and wish to bring far reaching changes in the judiciary? And I am appealing to the lacs of Officers of the court to spell out their recommendations..You are one who will be vastly benefited..or else.

Guest (Querist) 18 January 2014
My Writ filed with the help of a Devil's Advocate filed on 16 Jul 2013 registered on 18 Jul 2013. And the Judge who was to hear the case found it wrongly posted and tr it to another. The Second Judge took up the writ on 8 Aug and gave two weeks time to GP Home to file counter on behalf of 3 respondents namely Director of AP Sainik Welfare (under Home),Dept of Health,ZSWO Ranga Reddy Dist (under Directorate of Sainik Welfare).Surprisingly even today it if listed against Social Welfare & Tribal Welfare (may be due to my surname)and GP for Social Welfare.
Now it listed as per status on 20 Jan 2014 though there is no cause list posted even today..
CASE STATUS INFORMATION SYSTEM
WP 21313 / 2013 WPSR 112751 / 2013 CASE IS:PENDING
PETITIONER RESPONDENT
LT.COLONEL HARIDAS MANDAL, HYDERABAD, & ANR. VS THE GOVT.OF A.P.,SAINIK WELFARE,HYD.,& 2 OTRS.
PET.ADV. : WASIM AHMED KHAN RESP.ADV. : GP FOR SOCIAL WELFARE
SUBJECT: SOCIAL WELFARE & TRIBAL WELFARE(MISC.MATTERS) DISTRICT: HYDERABAD
FILING DATE: 16-07-2013 POSTING STAGE : INTERLOCUTORY(HOME)
REG. DATE : 18-07-2013 LISTING DATE : 20-01-2014 STATUS : ---------
HON'BLE JUDGE(S): RAMESH RANGANATHAN

Delay benefits whom ? Aam Admi or the ?????

Guest (Querist) 30 January 2014
My Writ as per case status page, was last listed on 20 Jan 2014 on a Monday.It was not found included in the daily cause list when cause list for Court No 10 was opened. Since then my Writ is not even listed in any list under any judge in any court of AP HC.That's our judiciary. It is time that both the Judge and the Registrar are called in an open court of the chief justice to explain delay.

Guest (Querist) 11 February 2014
aphc@nic.in will show how a site is disabled..Judiciary is in a Zam.

Guest (Querist) 30 May 2014
CASE STATUS INFORMATION SYSTEM
WP 21313 / 2013 WPSR 112751 / 2013 CASE IS:PENDING
PETITIONER LT.COLONEL HARIDAS MANDAL & ANR. VS THE GOVT.OF A.P.,SAINIK WELFARE,HYD.,& 2 OTRS.
PET.ADV. : PARTY-IN-PERSON RESP.ADV. : GP FOR SOCIAL WELFARE
SUBJECT: HOME DEPARTMENT (MISC.MATTERS) DISTRICT: HYDERABAD
FILING DATE: 16-07-2013 POSTING STAGE : INTERLOCUTORY(HOME)REG. DATE: 18-07-2013 LISTING DATE: 02-06-2014 STATUS:Pending
HON'BLE JUDGE(S):NOOTY RAMAMOHANA RAO
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
02 .06.2014 is the Telengana day already declared..so court will not function..my case will get TARIKH PE TARIKH..But with Telengana fighting Seemandhara on NATIVITY issue which is as vague as domicile the court will have a cent percent increase in court cases..I will have the last laugh then.

Domicile of a state

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