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2023 Supreme(Del) 4211

SATISH CHANDRA SHARMA, TUSHAR RAO GEDELA
Anand – Appellant
Versus
Government of NCT of Delhi – Respondent


Advocates appeared:
Petitioner in person.
Mr. Sameer Vashisht, ASC with Ms. Avni Singh, Advocate, for the Respondent.

JUDGMENT

Satish Chandra Sharma, C.J.

1. The Petitioner before this Court, a practicing advocate, has filed the present petition challenging the constitutional validity of order dated 18.03.2015 passed by the Secretary, Revenue and Divisional Commissioner, Revenue in the matter of recruitment of civil defence volunteers. The Petitioner has prayed for the following reliefs:

    "A. Issue appropriate writ/order/direction declaring sub clause (I) to clause 3 of order no. F.NO.T.A35(77)/CD/2011/5632-45, DATED 18.03.2015, passed by SH. ASHWANI KUMAR, SECRETARY(REVENUE) & DIVISIONAL COMMISSIONER (REVENUE), GOVERNMENT OF NCT OF DELHI, to the extent making "resident of delhi" as a necessary condition precedent to become eligible for being a Civil Defense Corp as invalid/void being inconsistent to the Parent Act and regulation made therein and ultra vires & unconstitutional the Constitution of India.

    B. Pass any other order as may be deem fit by this Hon'ble court in the facts and circumstances of the case."

2. The facts of the case reveal that The Civil Defence Act, 1968 was enacted after the Chinese invasion of our country in 1962. It was felt that in order to minimize loss of life, to maintain

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