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2011 Supreme(UK) 591
2012 (1) UAD 13
UTTARAKHAND HIGH COURT
Hon'ble Mr. Chief Justice Barin Ghosh and Hon'ble Mr. Justice U.C. Dhyani
Special Appeal No. 152 of 2011
DISTRICT MAGISTRATE, UDHAM SINGH NAGAR & ORS. – Appellants
Versus
AMIT DIXIT & ORS. – Respondents
Decided on : 15.11.2011
For the Appellants : Mr. Vinay Kumar, Standing Counsel
For the Respondent No.1:Mr. B.S. Negi, Advocate
Headnote:Domicile certificate — Cancellation of — Admission in MBBS course — In the academic year 2008-2009, of Respondent No. 1 — On the basis of domicile of Uttarakhand that was rejected, was cancelled on the ground that he was not residing in the State of Uttarakhand for 15 years, as was the requirement of G.O. dated 20.11.2001 — Since residence of 5 years in India entitles grant of citizenship, there is no just reason why the State should impose residence requirement of 15 years — Also, as respondent No. 1 failed to establish his residence in the State of Uttarakhand for a period 5 years — Since the period of residence requirement, as was imposed by the government order dated 20th November, 2001, was not the subject matter of the writ petition — And since no argument in relation thereto was advanced before us, we have not decided whether the said requirement is just or unjust — Appeal allowed — Judgment and order under appeal set aside. (Paras 1 to 8 and 10 to 14)
vf/kokl izek.k i= dk fujLrhdj.k & ,e-ch-ch-,l- dkslZ esa o"kZ 2008&2009 esa mÙkjnkrk uEcj 1 ds izos'k ysus dk ekeyk & mÙkjk[k.M ds vf/kokl izek.k i= ds vkèkkj dks vLohdkj dj fn;k x;k Fkk vkSj bl vk/kkj ij fujLr dj fn;k Fkk fd og mÙkjk[k.M esa 15 o"kZ ls ugha jg jgk Fkk tks fd jkT; foKfIr fnukad 20-11-2001 ds vUrxZr visf{kr Fkk & pw¡fd Hkkjr esa ik¡p o"kZ rd fuokl djus ls ukxfjdrk ikus dk vf/kdkjh gks tkrk gS blfy, ;g dksbZ U;k;ksfpr dkj.k ugha gS fd jkT; ljdkj }kjk 15 o"kZ ds fuokl dks ykxw ekuk tkuk pkfg, & vkSj pw¡fd mÙkjnkrk uEcj 1 viuk vfèkokl mÙkjk[k.M jkT; esa 5 lky ds fy, gksuk Hkh fl) ugha dj ldk & pw¡fd fuokl dh vof/k tks fd ljdkjh vkns'k 20 uoEcj 2001 }kjk vko';d ekuh xbZ gS] fjV ;kfpdk dk okn fcUnq ugha Fkk & vkSj pw¡fd mlds lEcU/k esa dksbZ rdZ Hkh gekjs lkeus ugha j[kk x;k Fkk vr% ge ;g r; ugha dj ik;s fd mDr U;k;ksfpr gS vFkok ugha & vihy Lohdkj dh xbZ & vihy ds vUrxZr fu.kZ; vkSj vkns'k fujLr fd;k x;kA
¼izLrj 1 ls 8 vkSj 10 ls 14½
[Per : Hon'ble Barin Ghosh, C.J.]
By the judgment and order under appeal, writ petition of respondent No. 1 has been allowed by quashing the order dated 1st February, 2011, by which, appellant No. 2 Sub Divisional Magistrate, Rudrapur, Udham Singh Nagar, rejected the application of respondent No. 1 seeking a residence certificate; and directing the said appellant to issue a domicile certificate to respondent No. 1 forthwith.
2. Respondent No. 1 responded to an advertisement for admission to MBBS Course commencing from the academic year 2008-2009. The advertisement held out that some of the advertised seats are available exclusively for those, who are residents/domiciled in the State of Uttarakhand. Respondent No. 1, while responding to the said advertisement, held out that he is a domicile/resident of the State of Uttarakhand. Response to the said advertisement gave an admission to respondent No. 1 in a seat, which was meant for a resident/person domicile of the State of Uttarakhand. At the time of responding to the said advertisement, it was held out by respondent No. 1 that the fact that he is a resident of the State of Uttarakhand would be evidenced from Domicile Certificate bearing No. 2403 dated 13th July, 2008 issued by appellant No. 2 in his favour. On the strength of the said certificate, respondent No. 1 obtained the said admission. After respondent No. 1 was admitted, all the certificates filed by him in support of his claims, made in his response to the advertisement, were verified. In course of such verification, Government Medical College, Haldwani, where respondent No. 1 was admitted, was informed by appellant No. 1, by a communication dated 8th October, 2008, that no Domicile Certificate bearing No. 2403 dated 13th July, 2008 was issued by appellant No. 2 in favour of respondent No. 1. In view of the said communication, the admission of respondent No. 1 was cancelled by the Government Medical College, Haldwani, by an order dated 14th October, 2010 for want of domicile certificate.
3. Cancellation of the admission of respondent No. 1, vide order dated 14th October, 2010, was assailed by respondent No. 1 in Writ Petition No. 1855 of 2010 (M/S). In the said writ petition, it was contended by respondent No. 1 that Domicile Certificate bearing No. 2821 was issued in his favour, while it was contended in the counter affidavit filed by the appellants that respondent No. 1 held out to the College to have been granted Domicile Certificate bearing No. 2403 dated 13th July, 2008, which was issued to one Km. Supriya Kulshresth. While dealing with the writ petition, this Court did not go into the question, whether Domicile Certificate bearing No. 2403 dated 13th July, 2008 was issued in favour of respondent No. 1 or Domicile Certificate bearing No. 2821 was issued in his favour. The Court, however, noticed that Up Zila Adhikari, Rudrapur, could issue domicile certificate in favour of respondent No. 1. It, accordingly, granted liberty to respondent No. 1 to apply afresh to Up Zila Adhikari, Rudrapur, to obtain domicile certificate and directed appellant No. 2 to make an inquiry whether respondent No. 1 is a domicile of Uttarakhand.
4. Respondent No. 1, thereupon, applied for a certificate in terms of the liberty granted by this Court by its order dated 15th November, 2010, which application was rejected by an order dated 1st February, 2011 .which was assailed in the second writ petition.
5. In the second writ petition, it was contended by respondent No. 1 that he had applied for domicile certificate, which was numbered as 2821, but, due to inadvertence/negligence on the part of the appellants, in the domicile certificate, serial number was wrongly given as 2403. It was contended in the said writ petition that the father of respondent No. 1 entered into an agreement dated 15th June, 1995 with Sri Hari Ram for purchase of a plot of land situated at Kiccha, Udham Singh Nagar. It was also stated that Sri Hari Ram exe
