Nativity vs. local candidature in andhra pradesh
Prem Kumar
(Querist) 02 September 2011
This query is : Resolved
What is the difference between nativity and local candidature as per the existing rules in the state of Andhra Pradesh.On what basis is nativity decided by the revenue dept. (i.e based on birth or based on place of study). How do they affect a first level gazetted govt. employee during transfers on promotion.
Are there any judgements in this regard.
Prem Kumar
09848654343
Raj Kumar Makkad
(Expert) 02 September 2011
I could not found the exact topic for your help but I could find an advertisement which defines local candidates and further treatment with them. I think somehow, it can be helpful for you to understand this funda of local:
DEFINITION OF LOCAL AREAS AND LOCAL CANDIDATES
7.7 LOCAL AREA:
7.7.1 The part of the State comprising the Districts of Srikakulam, Vizianagaram, Visakhapatnam, East Godavari, West Godavari, Krishna, Guntur and Prakasam shall be regarded as Andhra University and the Nagarjuna University area.
7.7.2 The part of the State comprising the Districts of Adilabad, Hyderabad (including the twin cities) Rangareddy, Karimnagar, Khammam, Medak, Mahaboobnagar, Nalgonda, Nizamabad and Warangal shall be regarded as the Osmania University and the Kakatiya University area.
7.7.3 The part of the State comprising the Districts of Anantapur, Kurnool, Chittoor, Cuddapah and Nellore shall be regarded as Sri Venkateswara University area.
7.7.4 A candidate seeking admission to MBBS course in Siddhartha Medical College, Vijayawada or BDS Course in the Government Dental Colleges shall be regarded as local candidates in relation to local area as in Regulation 7.9.1 to 7.9.3.
7.8 LOCAL CANDIDATES:
A candidate for admission shall be regarded as local candidate in relation to a local area.
7.8.1 If he / she has studied in an educational institution or educational institutions in such local area for a period of not less than four consecutive academic years ending with the academic year in which he/she appeared or as the case may be first appeared in the relevant qualifying examination
or
7.8.2 Where, during the whole or any part of the four consecutive academic years ending with the academic year in which he/she appeared or as the case may be first appeared for the relevant qualifying examination, if he / she has not studied in any educational institution, if he / she has resided in that local area for a period of not less than four years immediately preceding the commencement of the relevant qualifying examination in which he / she appeared or as the case may be first appeared, then he / she becomes a local candidate.
7.9 A candidate for admission to the course who is not regarded as a local candidate under sub regulation 7.8 above in relation to any local area shall:
7.9.1 If he / she has studied in an educational institution in the state for a period of not less than seven consecutive academic years ending with the academic year in which he / she appeared or as the case may be first appeared for the relevant qualifying examination be regarded as a local candidate in relation to:
i) Such local area where he / she has studied for the maximum period out of the
said period of seven years;
or
ii) Where the period of his/her study in two or more local areas are equal, such
local area where he / she studied last in such equal periods;
or
7.9.2 If during the whole or any part of the seven consecutive academic years ending with the academic year in which he / she appeared or as the case may be first appeared for the relevant qualifying examination, he / she had not studied in the educational institutions in any local area, but has resided in the state during the whole of said period of seven years, be regarded as a local candidate in relation to:
i) Such local area where he / she has resided for the maximum period out of he
said period of seven years;
or
Where the periods of his / her residence in two or more local areas are equal,
such local area where he/she resided last in such equal periods.
Explanations: For the purpose of this sub-regulation:
i) "Educational Institutions" means a College, a School imparting education upto and
inclusive of tenth class, or other institutions by whatever name called whether managed by Government, Private body, local authority or University and carrying on the activity of imparting education there in whether technical or otherwise and includes a Polytechnic, Industrial Training Institute and a Teachers Training Institute but does not include a Tutorial Institution.
ii) Relevant qualifying examination for admission to MBBS and BDS courses of study means a pass in the examination which is the minimum educational qualification for admission to such course of study.
NOTE: The relevant qualifying examination for admission to MBBS and BDS Courses being Intermediate or its equivalent examination, the question whether a candidate is a local candidate or not will be determined with reference to his / her first appearance in the Intermediate examination or equivalent examination even in the case of an applicant possessing B.Sc., or M.Sc., Degree.
iii) a) In reckoning the consecutive academic years during which a candidate has studied, any period of interruption of his / her study by reasons of his / her failure to pass any examination, and
b) Any period of his / her study in a Statewide University or a Statewide
educational institution shall be disregarded.
iv) The question whether any candidate for admission to any course of study has resided in any local area shall be determined with reference to the places where the candidate actually resided and not with reference to the residence of his/her parent or guardian.
7.10 While determining the number of seats to be reserved in favour of local candidate
under regulation 7.8.1 and 7.8.2, any fraction of a seat shall be counted as one
provided that there shall be atleast one unreserved seat.
7.11 If a local candidate in respect of a local area is not available to fill any seat reserved or allocated in favour of local candidate in respect of that local area, such seat shall be filled as if it has not been reserved.
7.12.1 Applicants who claim to be local candidates with reference to regulation 7.8.1 shall produce evidence in the form of study certificate / certificates issued by the heads of educational institution / institutions concerned, indicating the details of the year or years in which the candidate has studied in educational institutions in such local area for a period of not less than four consecutive academic years ending with the academic years in which he / she appeared, or as the case may be, first appeared for the Intermediate examination or its equivalent. Those who do not qualify as local candidates under sub regulation 7.8.1 but claim to qualify by virtue of residence under regulation 7.8.2 shall produce a certificate issued by an officer of the Revenue Department not below the rank of Mandal Revenue Officer in the form Annexed in G.O.Ms.No.628. Education dated the 25th July 1974 (proformed can be downloaded).
7.13.1 Applicants who claim to be local Candidates under 7.9 shall produce evidence in the form of study certificate issued by the heads of the Educational Institution / Institutions concerned indicating the details of the year or years in which the candidate has studied in the respective educational Institutions for a period of not less than seven consecutive academic years ending with the academic year in which he / she appeared, or as the case may be first appeared for the Intermediate Examination or its equivalent. Those who do not qualify as local candidate under the regulation 7.9 but claim to qualify by virtue of residence under regulation 7.9.2 shall produce a certificate of residence issued by an officer of the Revenue Department not below the rank of Mandal Revenue Officer in the form similar to that Annexed to G.O.Ms.No.628, Education, dated 25th July 1974 with necessary modifications (proformed can be downloaded).
K.S.Srinivas
(Expert) 02 September 2011
Government have framed the Rules in G.O.Ms.No.58 SW (J) Department dt. 12-5-97 viz., the A.P. (SCs, STs and BCs) Issue of Community, Nativity and Date of Birth Certificates Rules, 1997 regulating the procedure of issuance of Community, Nativity and Date of Birth Certificate to the SCs, STs and BCs and also for verification of social status claims of the individuals. These rules came into force with effect from 16-5-1997.
The above G.O. may be relevant to the query.
M/s. Y-not legal services
(Expert) 04 September 2011
You are rocking makkad sir. Even you are from north india but keeping update in all corners. Nice to be with you here.
Prem Kumar
(Querist) 05 September 2011
Thanks everyone for the effort.
I have found the answer my self. Nativity is decided by place of birth and not by place of study vide G.O.Ms.NO. 67. SOCIAL WELFARE (CV2) DEPARTMENT Dt. 03. 07.1999.
G.O.Ms.NO. 67. SOCIAL WELFARE (CV2) DEPARTMENT Dt. 03. 07.1999
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Social Welfare Department - Issue of Community, Nativity and Date of Birth certificates _ Amendment merging certificates relating to nativity and place of birth issued in G.O.Ms. No. 58, Social Welfare (J2) Department, Dt. 12-05-1997 into one certificate - Orders - Issued.
SOCIAL WELFARE (CV2) DEPARTMENT
G.O.Ms.NO. 67. Dt. 03. 07.1999
Read the following:-
1. G.O. Ms. No. 58, S.W. (J2) Dept., Dt. 12-05-1997.
2. G.O.Ms. NO. 122, S.W. (J2) Dept., Dt, 01- 09- 1997.
ORDER:
The following notification will be published in the Andhra Pradesh Gazette.
NOTIFICATION
In exercise of the powers conferred by sub-section(1) of section 20 of the Andhra Pradesh (Scheduled Castes,
Scheduled Tribes and Backward Classes) Regulation of issue of Community Certificates Act, 1993 (Act 16 of 1993),
the Governor of Andhra Pradesh hereby makes the following amendment to the Andhra Pradesh (Scheduled Castes,
Scheduled Tribes and Backward Classes) issue of Community, Nativity and Date of Birth certificates Rules, 1997
issued in G.O.Ms.No. 58, Social Welfare (J2) Department, dt. 12th May, 1997:-
AMENDMENT
In the said rules:-
1) In form III of Community, Nativity and Date of Birth Certificate for the certificates relating to Nativity and Place of Birth mentioned in S.Nos. 2 and 3 respectively, the following shall be substituted namely:-
"2) It is certified that Sri/ Smt/ Kum-----is a native of (Place of Birth) ------ Village / town ----- Mandal ------ District of Andhra Pradesh."
2) The certificate relating to Date of Birth mentioned as S.No. 4 shall be renumbered as S.No. 3.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH
S. RAY,
PRINCIPAL SECRETARY TO GOVERNMENT.
To
All District Collectors.
The Commissioner of Land Revenue, AP., Hyderabad
The Commissioner of Tribal Welfare, Hyderabad.
The Director, TCR&TI , Hyderabad The Director, Printing, Stationary & Stores Purchase at Chanchalaguda, Hyderabad.
(for publication in extraordinary gazette and to supply 500 copies to the Government)
