Nativity domicile & telengana
Guest
(Querist) 30 May 2014
This query is : Resolved
My daughter was denied the CAP quota she richly deserved.It took one indoctrinated Director of AP Sainik Welfare to issue a Memo asking the ZSWOs not to issue CAP cert to ESMs belonging to the other states. It was more damaging than the mono-logue of Raj Thakre of MNS for cancelling licence of Biharies auto drivers.But none protested.ZSWO Ranga Reddy did what his boss asked him to do. He sealed my daughter's chance to get a MBBS seat in one of the govt medical college in Hyderabad as she was high in the order of EAMCET 2013 rank.
Now whole of Telengana is figting tooth and nail on the issue of NATIVITY issue. It is going to initiate another bloody war.
I request the experts to define NATIVITY as well as DOMICILE of the state of Telengana once for all..Too many diametrically opposite views without any supporting documents may not help. Over to you.
Advocate Ravinder
(Expert) 01 June 2014
The telangana issue is an headache for almost all the local parties of Andhra Pradesh but also all the major national parties. Not only political parties, but also noted journalists, writers, columnists, bureaucrats, judiciary etc are not able to solve the problem of division into two states. I do not know how the other three states of Northern India have been solved so easily, but as far as Telangana it has become a big problem for all the above dignitaries.
However, the Congress Government though at beginning adopted dilly dallying (delay) tactics had finally able to get through the hurdle of division of states.
But now a new problem has arisen relating to nativity. There are lot of differences of formulas of different parties. Even now there is no concrete conclusion over how to arrive nativity and what is the definition of nativity. Though the Reorganization Act has framed some guidelines, but the local people are not ready to accept it in totality. The local people and leaders are now demanding that the Telangana staff should work in Telangana offices and the Andhra staff should work in Andhra (secretariat) only.
At the time of regime of Andhra People, the Andhra leaders are wickedly appointed a large number of Andhra people on deputation and since then they have not went back to their original places. On the lame excuses of wife working in telangana and the children are studying in telangana, the Andhra people have grabbed 60 to 75 percent employment in telangana posts. Due to this it has become big problem to distribute the staff of two regions proportionately. Anyway we shall hope everything will go well and good and a formula will be formed by the dignitaries.
Guest
(Querist) 01 June 2014
But you are talking about formula & I am talking about constitutionality. Look at my problem in a different way. A politician say Dr ManMohan who was neither born nor studied nor resided in the state of Assam (If I am not wrong)but was eligible to be elected as a MP for the Rajya Sabha.So was Jairam Ramesh from AP.For an Ex-service man what do you think should be the criterion to avail concessions / facilities offered by a state? Can it be at par with nativity of a state. I am sure no sane person could claim that. I left my state of West Bengal at the age of 23 in 1978 to join Army as a commissioned officer. During service I was posted from North to South almost every two to two and half years..Got married in between in 1984 a girl born & bought up at Secunderabad whose parents are living there for the past two generations..Even the marriage took place at Secunderabad. My eldest was born at Sec-bad, younger at Deolali Maharastra and youngest at Jhansi UP.Acquired property at Sec-bad in 2000 and got my Flat in possession in 2002 and got my permanent add changed following due process in 2003. From the day I have joined service being in the Corps of EME I have lived more than 6 years as a serving soldier and more than 7 years and another 5 years after retirement.Now tell me can the state of united AP deny me CAP quota for my youngest daughter who has studied here at AP for 6 years when she obtained EAMCET Rank (OC/OU) 2318.But someone in the AP sainik Board with some patriotic spirit of a different kind denied me CAP cert for my daughter stating I was not considered DOMICILE of the state..A soldier who served his country being in the open at almost 33 locations in his 31 years of service to the nation could be expected to fulfil any criterion which is for the natives and PIOs and OCIs..No body question their claims..More over GO 370 of 1994 ISSUED EXCLUSIVELY to resolve this issue for the ESMs says " An ESM irrespective of NATIVITY who resides in AP for 5 years is eligible for CAP quota for his child" don't you think you yourself are making things complicated as no state in India can exist in vaccum with one set of rules for Jairam another for TELENGANITE another for Seemandharite and no rule of law for ESMs belonging to other states who gave his life for the Telenganites and the Seemandharites without blinking an eye. Therefore the formula you derive use it for internal consumption and internal compulsions alone..if it is directed to deny a soldier who served his country and settled anywhere in his country thinking people there are his own and extend all the concessions that offered to ESMs with no riders will not be good for that state..the serving soldier will develop cold feet when dealing with another soldier in dire needs of help in a battle zone if he has to think about nativity domiciallary etc etc in the near future..I have experienced myself how the LAWYERS HOLDING important position in the lawyers association behaving on my issue when I filed my Writ WP 21313 of 2013..the Secretary with restricted vision told me it is nothing unusual to deny CAP quota to an ESM belonging to other state..to delay listing his case and influence Judges to deal with such cases with some FORMULA you are talking about..Lets talk of LAW , law of the land and i.e LAW of INDIA..this is the time NATIVITY, DOMICILLIARY AND PERMANENT RESIDENT, PIO, OCI in respect to employees in side the secretariate and outside of it be dealt with decisively with no formula but based on universal application of LAW of INDIA.Or else there is no need for lawyers or Judges as everything can then be resolved with a FORMULA..
Guest
(Querist) 17 June 2014
Nativity..Some have suggested that four years of study upto class X should be eligibilty criterion for nativity..
Erstwhile Director Sainik Welfare had a great idea two..he wanted nativity to be considered if one get commissioned into armed forces by declaring his permanent house in AP.
PIO's are also given Nativity certificates as their fathers lived here. Whatever be the outcome I am sure there will be ten thousand Writ added in the High Court of Hyderabad against that decision..Your Lordsheeps and the Devils' Advocates will have a field day.
Guest
(Querist) 23 June 2014
Nativity issue is hotting up..my writ is rot to beting up..but it has to be heard either by a Telengana or Seemandhara or from India Judge. I will wait. They have spoiled my daughter's career..I am definitely going to spoil their party.
Guest
(Querist) 30 June 2014
Nativity in Telengana as per the New Govt..Anybody who has studied for 4 years from Class IV to Class X is to be considered Native of Telengana and his/her fees for professional colleges will be reimbursed..
Nativity clause is not applicable for the POLITICIANS who is to be elected to the Rajya Sabha from Telengana (eg Mrs Sitaraman, BJP).
Nativity means for an Ex serviceman who during joining the Armed Forces/BSF declared his /her permanent address at a place located in the State of Andhra (may be the same for Telengana..Ref Directorate of Sainik Welfare Andhra Pradesh Memo dated 19 Jan 2007. And for the DIRECTORATE OF Sainik Welfare under Dept of Home NATIVITY is equivalent to Domiciliary. Funny but True.
If a student study for 4 consecutive years preceding the class XII board exam in AP he /she becomes LOCAL for admission to professional colleges in AP. A student studied for 4 years from cl IV to X becomes Native.But children of ESM for CAP quota not only the student has to be LOCAL but his / her ESM (eX-Serviceman)father /mother has to be domicile which is equivalent to NATIVITY as per the MEMO of Directorate of Sainik Welfare AP(Which double as the Rajya Sainik Board whose chairman is YOUR EXCELLENCY Governor of AP/TELENGANA and handsomely paid from FLAG DAY COLLETIONS). But to ZSWO Ranga Reddy (Zilla Sainik Welfare Oficer,Ranga Redy Dist whose chairman is the Collector) Memo of Directorate dated 19 Jan 2007 Nativity means Domicile.ESM has to be Domicile means to be NATIVE means he has to produce educational certificates to prove his DOMICILE..Those lawyers was under impression that Domiciles to be proved by producing Residencs Cert may pl update especially those practising in Telengana.
To be specific for ZSWO RR Dist an ESM should not considered DOMICILE of the state of AP (may be same for Telengana as COLLECTOR, THE CHAIRMAN zswo
RR & Chairman RSB,Your Excellency, the Governor are yet to be changed) if the ESM did not commission in the Army / Navy/Air Force from the state of AP (may be extended for Telengana). If you still reading it you are definitely fit candiadte for being considered as an EXPERT of this Social Site.
