MEMORANDUM OF WRIT PETITION
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD
(SPECIAL ORIGINAL JURISDICTION)
W.P.No. OF 2013
Between:-
1. Lt. Colonel Haridas Mandal, S/o Late S.H. Gurudas Mandal,
Aged about 58 years, Occ: Retired Lt. Colonel,
R/o 33-70/1/401, Ushodaya Apartments,
S.V. Colony, R.K.Puram, Malkajgiri, Hyderabad- 500056.
2. Miss Suparna Mandal, D/o Lt. Colonel Haridas Mandal,
Aged about 19 years, Occ: Student,
R/o 33-70/1/401, Ushodaya Apartments,
S.V. Colony, R.K.Puram, Malkajgiri, Hyderabad- 500056.
…Petitioners
AND
1. The Government of A.P.,
Rep. by Director
Sainik Welfare, Secretariat, Hyderabad
3. The Government of A.P.,
Rep. by Principal Secretary,
Health, Medical and Family Welfare Department,
Secretariat, Hyderabad
3. Zilla Sainik Welfare Officer,
R.R. District
Collectorate Premises,
3rd floor, Sneha Silver Jubilee Bhavan,
Lakdikapul, Hyderabad
... Respondents
The address for service of all notices etc., on the Petitioner is that of his Counsel M/s. WASIM AHMED KHAN (1155) and MOHD. MOHINUDDIN (9252), Advocates at 11-1-777/A, Chilkalguda, Secunderabad.
The address for Service of all notices etc., on the Respondents is same as given above.
For the reasons stated in the accompanying affidavit the Petitioner herein pray that this Honourable court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction and:
Contd…4.
( 4 )
a) By declaring the action of the Respondent no.3 in refusing the CAP Certificate to the petitioner no.1, as illegal and unconstitutional.
b) To direct the Respondent no. 1 to 3 to forthwith issue the CAP Certificate to the Petitioner no.1 enabling him to seek the admission of the Petitioner no.2 in MBBS Seat in CAP Quota for 2013-2014,
c) To pass such other order or orders which this Honourable court may deem fit and proper in the circumstances of the case.
Dt: -07-2013
HYDERABAD COUNSEL FOR PETITIONER
DISTRICT :: HYDERABAD
HIGH COURT :: HYDERABAD
W.P.No. OF 2013
WRIT PETITION
FILED ON: -07-2013
FILED BY:
M/s. WASIM AHMED KHAN (1155)
MOHD. MOHIUDDIN (9252)
ADVOCATES
COUNSEL FOR PETITIONERS
( 6 )
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD
W.P.No. OF 2013
Between:
1. Lt. Colonel Haridas Mandal, S/o Late S.H. Gurudas Mandal,
Aged about 58 years, Occ: Retired Lt. Colonel,
R/o 33-70/1/401, Ushodaya Apartments,
S.V. Colony, R.K.Puram, Malkajgiri, Hyderabad- 500056.
2. Miss Suparna Mandal, D/o Lt. Colonel Haridas Mandal,
Aged about 19 years, Occ: Student,
R/o 33-70/1/401, Ushodaya Apartments,
S.V. Colony, R.K.Puram, Malkajgiri, Hyderabad- 500056.
…Petitioners
AND
1. The Government of A.P.,
Rep. by Director
Sainik Welfare, Secretariat, Hyderabad
3. The Government of A.P.,
Rep. by Principal Secretary,
Health, Medical and Family Welfare Department,
Secretariat, Hyderabad
3. Zilla Sainik Welfare Officer,
R.R. District
Collectorate Premises,
3rd floor, Sneha Silver Jubilee Bhavan,
Lakdikapul, Hyderabad
... Respondents
AFFIDAVIT OF THE PETITIONER HEREIN
I, Lt. Colonel Haridas Mandal, S/o Late S.H. Gurudas Mandal, Aged about 58 years, Occ: Retired Lt. Colonel, R/o 33-70/1/401, Ushodaya Apartments, S.V. Colony, R.K.Puram, Malkajgiri, Hyderabad- 500056, do hereby solemnly and sincerely affirm and state as follows:
2. That, I am the Petitioner No. 1 herein, as such I am fully acquainted with the facts of the above case. I am deposing this affidavit on my behalf and on behalf of Petitioner no.2 who is my daughter.
ATTESTED DEPONENT
( 7 )
3. I humbly submit that, the above writ petition is filed to declare the action of the Respondent no. 3 in not issuing CAP Certificate Vide Memo No.479/CAP/2013-E dt: 20-4-2013 by relying upon the instructions of Respondent no.1 in Memo.No.13891/Admn/2007/S1 DT: 19-1-2007, held that Petitioner no.2 is not eligible for CAP Certificate in A.P. (A copy of the above Memo dt: 20-4-2013 and 19-1-2007 are filed herewith and marked as P1 and P2).
4. I humbly submit, that I am a Retired Lieutenant Colonel having retired from Indian Army on 31-1-2009.
5. I submit that I was originally born on 1-2-1955 at Rishra Hooghly, West Bengal. However, on 16-12-1978 I joined Indian Army as Technical Graduate Entry and was commissioned in the Corps of EME at Indian Military Academy, Dehradun. Needless to say, at the time of joining the duty, my permanent address was shown as 16 DD, Harlane, Rishra Hooghly, West Bengal 712248.
6. I humbly submit that, later on I was posted at 1 EME Center, Secunderabad in April 1982. Thereafter while working at Secunderabad I got married to Mrs. Nupur Mukherjee, D/o Late Sri Bijoy Krishna Mukherjee, R/o H.No.34-95, Prem Nilayam, Vivekanandapuram, Sainikpuri, Secunderabad on 29-10-1984 at Secunderabad. After the marriage, my eldest daughter by name Miss Archana Mandal was born at Military Hospital at Secunderabad on 13-6-1986.
7. I humbly submit that, while working in Secunderabad, I purchased a 3 BHK flat at S.V.Colony, R.K.Puram, Secunderabad in the year 2000 and in the month of November 2002 I took the possession of it after obtained the Registered Sale Deed. (A copy of the said Registered Sale Deed is filed herewith and marked as P3).
ATTESTED DEPONENT
( 8 )
8. I humbly submit, in the year 2003 after I became the owner of the above flat, the relevant entires in my service record were altered and my permanent address was changed to as Flat No.401, Ushodaya Apartments, S.V.Colony, R.K.Puram, Hyderabad 500056. The said entries were amended by Army Head Quarters, New Delhi, Ministry of Defense, Govt. of India. Needless to say, even since the date of purchase of the above flat in 2002 I am residing in it by showing it as my permanent address in all my official correspondences like leave application, etc.,
9. I humbly submit that, while so on 3-12-2007, I was last leg posted to 1 EME (Electronics and Mechanical Engineering) Center at Secunderabad on compassionate grounds and subsequently I got retired on 31-1-2009 from the said unit at Secunderabad and an Ex-Service Man (ESM) Identity Card was issued by Head Quarters, A.P, Sub Area. In addition to this, I have been issued another ID Card which is issued by the Respondent no.3 himself. Needless to say, Respondent no.3 issues ID Cards only to those Retired Personnel who are the permanent residents of Andhra Pradesh. Hence, having issued the above ID Card, the Respondent no.3 is now estopped under law from contending that I am not a Domicile of Andhra Pradesh. The copies of the above ID Cards are filed herewith and marked as P4 and P5.
10. I humbly submit, even before the date of my retirement on 31-12-2007 I am permanently residing at the above given address at Secunderabad in my own property. Moreover, in my discharge book the above Secunderabad Address alone is mentioned as my permanent address. (A copy of the discharge book is filed herewith and marked as P6)
11. I humbly submit that, after my retirement I applied for registration as ESM with Respondent no.3 herein and I was issued with ESM Identity Card to avail all facilities/concessions offered by the State to ESMs.
ATTESTED DEPONENT
( 9 )
12. I humbly submit, on 17-11-1994 my Third Daughter who is the petitioner no.2 herein was born at Military Hospital at Jhansi, while I was posted there. I further submit that, the said Third daughter i.e., the petitioner no.2 herein is also residing with me at Secunderabad from 3-12-2007 onwards and she studied at Kendriya Vidyalala, Trimulgherry, Secunderabad and thereafter she did her intermediate at Sri Chaitanya Junior Kalasala from 11-12-2007 onwards and completed her intermediate by securing 96.5 % marks under Board of Intermediate Education A.P. (The copies of Transfer Certificate of X class (CBSE) and Intermediate Transfer Certificate and Memo are filed herewith and marked as P7, P8 and P9)
13. I humbly submit, the Petitioner no.2 appeared in the EAMCET -2013 (Bi.P.C Stream) as a local category and secured top Rank i.e., 2318 for perusing MBBS. (A Copy of the EAMCET Rank Card is filed herewith and marked as P10)
14. I humbly submit that, the petitioner no.2 had a aspiration from Childhood to become a Doctor and to serve the Society. Hence, with that aim and objective she worked and secured good marks and top rank of 2318 in EAMCET as stated above. Thereafter, being the daughter of Petitioner no.1 who is a retired Armed Forced Person, the Petitioner no.1 applied for a CAP Certificate (Children of Armed Personnel) in CAP Quota for a medical seat. It is needless to say, the Government as per various G.Os has provided certain reservation and Quota for the Children of Armed Forced Personnel (CAP) for medical and engineering seats. Hence, the Petitioner no.1 who was fulfilling all the required qualifications for the said quota applied for CAP certificate vide application dt: 22-3-2013. After receiving the said application, the Respondent no.3 wanted me to file additional documents in support of my application to establish the fact that I am the domicile of Andhra Pradesh. Hence, once again I submitted another application dt: 28-3-2013 enclosing about 8 documents. A copies of my application dt: 22-3-2013 and 28-3-2013 are filed herewith and marked as P11 and P12.
ATTESTED DEPONENT
( 10 )
15. I humbly submit, after receiving the above application the Respondent no.3 issued a Memo No. 479/CAP/2013-E dt: 20-4-2013 refusing to issue the CAP Certificate on the ground that Petitioner no.1 is not Domicile of Andhra Pradesh and not commissioned in Indian Army from Andhra Pradesh. Moreover, Respondent no.3 by relying upon the instructions of Respondent no.1 in Memo.No.13891/Admn/2007/S1 DT: 19-1-2007, held that Petitioner no.2 is not eligible for CAP Certificate in A.P. The above memo is already marked as Exhibit P1.
16. I humbly submit that the order of the Respondent no.3 in Memo No. 479/CAP/2013-E dt: 20-4-2013 is totally illegal and unconstitutional. The respondent no.3 has erred in holding that the Petitioner no.1 is not a domicile of Andhra Pradesh and therefore he is not entitled for CAP Certificate. In this connection, it is submitted that as per G.O.Ms.No.184 dt: 30-6-2004 it is clearly stated that CAP Certificate can be issued to ex-servicemen and serving service personnel of the three wings of the Defence Services i.e., Army, Navy and Air-force, subject to the condition that the Ex-Service men, etc., are residing for a minimum of five (5) years in Andhra Pradesh. (A copy of the above G.O is filed herewith and marked as P13)
17. I humbly submit that, even in earlier G.O i.e, G.O.Ms.No.370 Education EC-2 dt: 18-10-1994, it has been also held that for applying CAP Certificate one of the condition is that the retired military personnel should be domiciled in Andhra Pradesh at least for a period of 5 years. Admittedly, in the instance case, the petitioner no.1 is also a domicile of state of Andhra Pradesh. In this connection, it has to be seen that domicile means a permanent place of residence or abode as specifically held in AIR 1965 Rajasthan Page No.11 (A copy of the above G.O. is filed herewith and marked as P14)
18. I humbly submit that, from 2002 onwards I have become a domicile of Andhra Pradesh as I purchased a residential flat in my name in Secunderabad and while in service I got my permanent address
ATTESTED DEPONENT
( 11 )
changed to as Flat No.401, Ushodaya Apartments, S.V.Colony, R.K.Puram, Hyderabad-56 at Secunderabad. Hence, even after retirement in the year 2009 I am permanently residing in the above flat by treating it as my permanent residence. Needless to say, after retirement I have never gone back to my ancestral house in West Bengal. Moreover, I married Mrs. Nupur Mukherjee who is also a permanent residence of Secunderabad as her father was also owning properties in Secunderabad. Hence, I have no intention or any other permanent house to go, except the flat at Secunderabad, which alone is my permanent house. Hence, I am a domicile of Andhra Pradesh which status I have acquired while in service. Inspite of the above, the respondent no.3 erroneously rejected my application on untenable grounds and refused to grant CAP Certificate to me, which facility is provided by the Government for the Retired Army Personnel like me. (The copies of passport of the wife of petitioner no.1 which was issued on 15-5-1982 showing her permanent address as Sainkipuri, Secunderabad and also the Residential Certificate of Petitioner no.2 issued by the Tahsildar, Malkajgiri is filed herewith and marked as P15 and P16)
19. I humbly submit that, my daughter who is petitioner no.2 herein is a very brilliant student and it was her ardent desire and dream to become a Doctor, for which she studied very hard and secured good marks and also secured 2198 Rank in EAMCET. However, in view of our constrained financial position I cannot pay huge amounts towards donations for her Admission in Private Medical College. Hence, I have no other go, except to avail the benefits under CAP Quota as per G.O.Ms.No.184 dt: 30-6-2004, but the Respondent no.3 instead of considering my application erroneously rejected the same on untenable grounds which do not apply to my case. Infact, the Respondent no.3 has misinterpreted and misquoted the existing G.O.s in this regard including the Judgements in the writ appeal as refereed to by him in the impugned memo. Needless to say, the said operative portion of the said Judgement which is extracted in Memo.No.13891/Admn/2007/S1 DT: 19-1-2007, also says that
ATTESTED DEPONENT
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Ex-Servicemen should file a proof of his domicile in the state of Andhra Pradesh, which is also overlooked by the Respondent no.3 for the reasons best known to him in the impugned rejection memo. (A copy of the above Judgement dt: 9-11-2006 in Writ Appeal No.951 and 952 of 2006 is filed herewith and marked as P17).
20. I humbly submit that, being a domicile of Andhra Pradesh and being a Retired Army Personnel having a permanent address and property at Secunderabad I am entitled to the benefits under CAP Quota, but the respondent no.3 has refused to illegally issue the said certificate to me. In other words, due to the improper, illegal and unconstitutional action of the Respondent in refusing to grant CAP certificate to me, my statutory and fundamental right have been violated. Moreover, my daughter who has secured the above mentioned rank in the EAMCET, has to some how get admission for the present academic year i.e., 2013-14, otherwise she has to appear for the EAMCET in 2014 once again. In other words, her precious one year will be lost for no fault of us. Hence, I have no other go except to approach this Honourable Court.
21. I humbly submit that, we have no other alternative or effective remedy except to approach this Honourable Court under Article 226 of the Constitution of India.
22. I humbly submit that, we have not filed any other Writ Petition or Civil Suit seeking the relief sought in this Writ Petition.
23. Pending disposal of the above writ petition, it is therefore prayed that this Honourable court may be pleased to direct the Respondents to issue Children of Armed Forced Personnel (CAP) Certificate to the Petitioner no.1, otherwise we shall suffer heavy and irreparable loss.
I therefore humbly pray that this Honourable court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction and:
ATTESTED DEPONENT
( 13 )
a) By declaring the action of the Respondent no.3 in refusing the CAP Certificate to the petitioner no.1, as illegal and unconstitutional.
b) To direct the Respondent no. 1 to 3 to forthwith issue the CAP Certificate to the Petitioner no.1 enabling him to seek the admission of the Petitioner no.2 in MBBS Seat in CAP Quota for 2013-2014,
c) To pass such other order or orders which this Honourable court may deem fit and proper in the circumstances of the case.
D E P O N E N T
Sworn and signed having understood
the contents of this affidavit on this
__th day July 2013 at Hyderabad.
ADVOCATE/HYDERABAD
VERIFICATION:
I, Lt. Colonel Haridas Mandal, S/o Late S.H. Gurudas Mandal, being the Petitioner/Person no.1 acquainted with the facts do hereby verify and state that the contents of paras Nos.1 to of the affidavit filed in support of the writ petition are true to my personal knowledge and those of para & are true to my knowledge based on legal advise believed to be correct. Verified at Hyderabad on this __th day of July 2013 at Hyderabad.
A D V O C A T E D E P O N E N T
MEMORANDUM OF WRIT PETITION MISC. PETITION UNDER SEC.151 C.P.C.
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD
(SPECIAL ORIGINAL JURISDICTION)
W.P.M.P.No. OF 2013
IN
W.P.No. OF 2013
Between:
1. Lt. Colonel Haridas Mandal, S/o Late S.H. Gurudas Mandal,
Aged about 58 years, Occ: Retired Lt. Colonel,
R/o 33-70/1/401, Ushodaya Apartments,
S.V. Colony, R.K.Puram, Malkajgiri, Hyderabad- 500056.
2. Miss Suparna Mandal, D/o Lt. Colonel Haridas Mandal,
Aged about 19 years, Occ: Student,
R/o 33-70/1/401, Ushodaya Apartments,
S.V. Colony, R.K.Puram, Malkajgiri, Hyderabad- 500056.
…Petitioners
AND
1. The Government of A.P.,
Rep. by Director
Sainik Welfare, Secretariat,
Hyderabad
3. The Government of A.P.,
Rep. by Principal Secretary,
Health, Medical and Family Welfare Department,
Secretariat, Hyderabad
3. Zilla Sainik Welfare Officer,
R.R. District
Collectorate Premises,
3rd floor, Sneha Silver Jubilee Bhavan,
Lakdikapul, Hyderabad
... Respondents
For the reasons stated in the accompanying affidavit the Petitioners herein pray that this Honourable court may be pleased to direct the Respondents to issue Children of Armed Forced Personnel (CAP) Certificate to the Petitioner no.1, and to pass such other order or orders which this Honourable court may deem fit and proper in the circumstances of the cases.
Dt: -07-2013
HYDERABAD COUNSEL FOR PETITIONER
DISTRICT :: HYDERABAD
HIGH COURT :: HYDERABAD
W.P.M.P.No. OF 2013
IN
W.P.No. OF 2013
DIRECTION PETITION
FILED ON: -07-2013
FILED BY:
M/s. WASIM AHMED KHAN (1155)
MOHD. MOHINUDDIN (9252)
ADVOCATES
COUNSEL FOR PETITIONERS
