Domicile of a state
Guest
(Querist) 22 March 2014
This query is : Resolved
I have asked the question earlier as well as a member of this 2 Lac plus social site.Now I am engaged myself as my Advocate without any degree in law as PIP WP 21313/2013 in HC AP. As someone has foretold that my writ will be posted in the routine manner.But it has to be posted.So I need to be up-dated and fight it out.
As my daughter was offered a Cat-C MBBS seat but declined and was offered a BDS seat in GDC&H in Hyderabad and admitted I think there is no hassl;es as far as candidate is concerned.
My appl for CAP cert (Children of Armed Forces Personnel)for a MBBS seat as per her EAMCET 2013 rank under CAP quota ( 1 %)stands denied by Zilla Sainik Welfare Officer on my DOMICILE issue.
I am an Ex Servicemen retired after 30 years of service to the nation. That's settle my domicile of India issue.
Apex Court has settled the issue conclusively that an Indian is a domicile of India and there is nothing as " Domicile of West Bengal or Domicile of AP ".
If that be so it is incorrect on the part of Zilla Welfare Officer to deny me CAP cert on not being DOMICILE of the State of AP. But he has cited the auth of a letter from his immediate superior auth i.e Director of Sainik Welfare AP which has asked him not to issue CAP cert to any ESM who is not a DOMICILE of the state of AP.
The Director in turn has quoted some extract of a Judgement of the Chief Justic e of AP in Writ Appeal No 951 & 952 of 2006.
In that order The Division Bench headed by then Chief Justice has stated that as per the EAMCET notification "mere residence of 5 years in AP is the only criterion for an ESM to obtain a CAP quota for his ward" should be revisited as various proceedings issued by Directorate of Resettlement Min of Def GOI prescribe DOMICILE as the main criterion for claiming benefits by the Ex servicemen.
I am ready to dis-count the claims or prescriptions issued by the ZSWO, the Director Sainik Welfare AP and the staff at the Directorate of Resettlement at the DGR MoD GOI as those were not legally trained to uphold the constitution. What about the Hon-ble Judges who wish to uphold the claims of the legally untrained officials. By citing the proceedings where those officials have prescribed DOMICILE OF A STATE as the main criterion to avail benefits offered by that state?
Is it not a case of contempt by the hon-ble judges of the high court against the settled order of our APEX COURT on the issue of DOMICILE of a state in India?
I am ready to accept that use of term DOMICILE in this case is simply to indicate BELONGING to a state in addition of being a domicile of India. And DOMICILE of a state simply means a resident of a place in that state. Now the term Resident when it means or to be used at par with " belonging to the state" is to be defined by the state itself. In the instant case the state in its wisdom with due deliberations and weightage to all the proceedings issued by the DGR Min of Def GOI ( referred to by the hon-ble division bench) had published GO 370 of 1994 on eligibility for availing CAP cert from the respective ZSWOs which is in vogue and has not undergone any amendment as on date. That GO states "Any serving or retired armed forces personnel who has resided for 5 years in AP is eligible for CAP quota for his children".
Can any body help me to give me a counter so that I am doubly prepared?
prabhakar singh
(Expert) 22 March 2014
Owning a residence since last 5 years or a five years continuous unregistered lease or a five years registered lease or in cases of oral tenancy of month to month,owning land line phones or electricity connection or a ration card since last 5 years would be sufficient peace of evidence to satisfy the terms of the GO told here.
Guest
(Querist) 22 March 2014
But is the GO superseded by the auth of a Memo issued by Directorate of AP Sainik Welfare which in turn try to take advantage of the passing remarks / suggestions of the High Court division bench in its judgement on two writ appeals unrelated as I :-
a) I own a 3 BHK flat in Secunderabad since Nov 2002.
b) I got my permt add changed to that 3 BHK residence duly approved by AHQ MoD GOI since 2003 & living in that residence while on leave since then.
c) I have the voter card , Aadhar Card , ESM I-Card (issued by the same ZSWO Ranga Reddy)& my officer's I-CARD (issued post retirement) against that 3 BHK residence.
d) I own a land line in that residence since 2003.
e) I am paying electricity bill since 2002 since 2002.
f) I have paid property taxes for two years and got exemption being an ESM actually living in that 3 BHK residence.
g) I am living with my family in that residence since 3 Dec 2007 on my last leg posting to EME centre Secunderabad.
What could be the (other than delaying the case) would be the line of defence of GP Home in my case?
Guest
(Querist) 25 April 2014
My case was filed by my advocate on 16 Jul 2013. It was registered on 18 Jul 2013. Next day it came up for admission under Social Welfare & Tribal Welfare. The hon-ble Judge did not take up being wrongly posted and asked the case to be posted under Hon-ble Judge Nooty at court No 5. The case came up on 8 Aug 2013 when first phase of EAMCET counselling had already finished. Luckily counselling for special category namely CAP quota, sports quota was to be held only on 11 Sep 2013. The hon-ble Judge admitted the writ and advised GP Home to file counter within two weeks.
Since then that two weeks had not been completed. GP Home is still outside jail and not on bail despite defying the hon-ble Justice Nooty's order. No counter been filed as on date.Four Judges have been changed in between and another is expected , going by the past records. Are we still going to believe that it is the politician.com who are the corrupt one?
