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1996 Supreme(HP) 227
High Court Of Himachal Pradesh
M.SRINIVASAN,LOKESHWAR SINGH PANTA
NIRU DEVI - Appellant
Versus
STATE OF H.P. - Respondent
Civil Revision No. 1951 of 1996
Decided On : 11/21/1996
For the appellant(s)/petitioner(s): :B. N. Misra, Advocate. For the respondent 1 and 3:Indar Singh, Advocate General. For the respondent 2:Vijay Thakur, Advocate.
A person can be considered a bona fide Himachali if they have a permanent home in Himachal Pradesh, have been residing in Himachal Pradesh for a period of 15 years, or have a permanent home in Himachal Pradesh but are living outside Himachal Pradesh on account of their occupation.
Headnote:
{'KEYWORD': 'Domicile Certificate - Bona Fide Himachali - Requirement', 'SUBJECT': 'Domicile Certificate', 'ACT SECTION LIST': ['H P Government O. M No. 12-7/63 SAD, dated 18th August, 1972'], 'SUMMARY': 'The court interpreted the definition of a bona fide Himachali as provided in the H P Government O. M No. 12-7/63 SAD, dated 18th August, 1972. It held that a person can be considered a bona fide Himachali if they have a permanent home in Himachal Pradesh, have been residing in Himachal Pradesh for a period of 15 years, or have a permanent home in Himachal Pradesh but are living outside Himachal Pradesh on account of their occupation. The court also held that owning property in a particular place is not a requirement for claiming to be a bona fide Himachali.'}
Fact of the Case:
The petitioners applied for a Junior Basic Teacher Course and were required to produce a certificate from a Revenue Authority showing that they belong to the District and are bona fide residents. The first petitioner's father had served in various schools in Sirmaur District for over 17 years, and she was born and educated in that District. The Tehsildar, Pachhad, endorsed on the first petitioner's application that she did not have any property in the Tehsildar Pachhad, but that her father had been serving in the Education Department for over 15 years. The second petitioner produced a certificate from the Tehsildar, Rajgarh, District Sirmaur, stating that he was a bona fide resident of Himachal Pradesh and a permanent resident of Village Phagu.
Finding of the Court:
The court held that the endorsement made by the Tehsildar, Pachhad, was erroneous and that there was no requirement for a person to own property in a particular place in order to claim to be a bona fide resident of Himachal Pradesh. The court also held that the certificates produced by the first petitioner were sufficient to prove that she was a bona fide Himachali and belonged to District Sirmaur. The court further held that the certificate produced by the second petitioner was sufficient to meet the requirements.
Issues: Whether the Tehsildar's endorsement on the first petitioner's application was correct.
Ratio Decidendi: The court held that the Tehsildar's endorsement was erroneous because there is no requirement for a person to own property in a particular place in order to claim to be a bona fide resident of Himachal Pradesh. The court also held that the certificates produced by the first petitioner were sufficient to prove that she was a bona fide Himachali and belonged to District Sirmaur.
Final Decision: The court directed the respondents to proceed on the footing that the first petitioner belongs originally to District Sirmaur and the certificates produced by her are sufficient to meet the requirements of Clauses 3 and 4 of the communication sent to her for interview. The court also directed the respondents to consider the petitioners for selection on the basis of their merits on the footing that they belong to District Sirmaur.
M. Srinivasan, C. J,—The petitioners have applied for Junior Basic Teacher Course When the communications for interview were sent to them the petitioners were required to produce at the time of interview alongwith other certificates, a certificate from Revenue Authority not below the rank of Tehsildar of the area to show the District to which the petitioners belong and a certificate from Revenue Authority not below the rank of Tehsildar of the area to show that the petitioners are bona fide residents.
2. The first petitioner is the daughter of one Prem Krishan Gautam, who was working as Lecturer in Hindi in various schools in Sirmaur District from May 1973 to January 1990 He was serving again from August 1994 in Government Senior Secondary School, Sarahars District Sirmaur, This petitioner was born in District Sirmaur when her father was serving there. She had her education in that District. She has produced a certificate to show that she has passed Middle Standard Examination held in December 1987 and she has also produced a certificate issued to her on passing Matriculation examination. That examination was also taken by her in District Sirmaur. She has produced a certificate from Honourary Executive Magistrate, Krishangarh Kuthar (Kasualt), District Solan, that her father is serving in Government Middle School, Chandi, Tehsil Krishangarh, District Solan since 1967 and that he is a permanent resident of Himachal Pradesh That certificate bears the date 1-8-1992. At that time, the first petitioners father was serving in that District So a certificate has been obtained front the Honourary Executive Magistrate of that District After receiving communication for interview, the petitioners father applied for a certificate from the Tehsildar, Pachhad, District Sirmaur. The said Tehsildar made an endorsement on the application as follows :
"The applicant is not having any property in Tehsildar Pachhad, however, the applicant is serving in Education Department H. P. for the last more than 15 years as per the certificate of Principal, Government Sr. Sec, School, Sarahan dated 6-11-1996." That application with the endorsement has also been produced by the first petitioner as Annexure P-ll. 3, It is very clear that the endorsement made by the Tehsildar, Pachhad, is wholly unwarranted. There is no necessity for any person to own a property in a particular place in order to claim that he is a bona fide resident of Himachal Pradesh It is seen from the Hand-Book on Personnel Matters, Vol. I, Chapter 4f Paragraph 4.3 that a bona fide Himachali is defined as a person, who has a permanent home in Himachal Pradesh and includes a person who has been residing in Himachal Pradesh for a period not less than 15 years or a person who has permanent home in Himachal Pradesh but on account of his occupation he in Jiving outside Himachal Pradesh,, This paragraph was introduced by H P Government O. M No. 12-7/63 SAD, dated 18th August, 1972. Thus there is no requirement that a person should own a property to claim to be a bona fide Himachal?. The view expressed by the Tehsildar in the note found in Annexure P-U is clearly erroneous. It is also seen from the same paragraph in the Hand-Book that certain officials have been authorised to issue certificates of bona fide Himachali on the basis of record wherever available to the effect that the person concerned is (i) having his permanent home in Himachal Pradesh ; or (ii) residing in Himachal Pradesh for a period of 15 years; or (iii) having his permanent home in Himachal Pradesh is living outside Himachal Pradesh on account of his occupation It should be mentioned that three categories mentioned in the paragraph are in the alternative If any person satisfies anyone of the requirements mentioned therein, then he can be considered to be a bona fide Himachali
4. To drive the first petitioner to get another certificate from the Tehsildar, Pachhad, to the effect that she belongs to District Sirmaur or that s
