The main legal point established in the judgment is the interpretation and application of the residency requirement as per the Government Order dated 20.11.2001 for obtaining a permanent residence certificate.

K.M. Joseph, J.

Appellant is the writ petitioner in both the Appeals. Special Appeal No.273 of 2018 is directed against the judgment of the learned Single Judge passed in Writ Petition (MS) No.2954 of 2017. Special Appeal No.274 of 2018 is directed against the judgment of the learned Single Judge passed in Writ Petition (MS) No.810 of 2015. Both the writ petitions were decided by the learned Single Judge by judgment dated 20.02.2018 and the same were disposed of with the direction to the competent authorities to reconsider the grant of Certificates based on the judgment in Ajay Kumar vs. State of Uttarakhand and another reported in 2012(2) U.D. 320 (hereinafter referred to as the Ajay Kumar’s case). This judgment was sought to be reviewed by the writ petitioner/appellant herein by filing review applications, which were allowed. The learned Single Judge by the impugned judgment under challenge in Appeals has dismissed the writ petitions.

2. Relief sought in the first writ petition, which is Writ Petition (MS) No. 810 of 2015, is to quash order dated 28.02.2015, which is issued by respondent no. 3, who is the Sub Divisional Magistrate. By the said order, respondent no. 3 has cancelled the permanent residence certificate, which was issued to the petitioner. Petitioner has also sought a writ of mandamus in respect of Clause 2 of the Government Order dated 20.11.2001 insofar as it relates to the requirement of 15 years for grant of permanent residence certificate.

3. In Writ Petition (MS) No. 2954 of 2017, from which Special Appeal No. 273 of 2018 arises, the very same appellant/writ petitioner seeks to quash order dated 23.10.2017 (Annexure-2), as also, the order passed by the Scrutiny Committee, whereby the caste certificate issued in favour of the appellant has been cancelled. The appellant also sought to challenge the earlier order (Annexure-3) dated 19.05.2016, which is also related to cancellation of the caste certificate on an earlier occasion.

4. Since we treat Writ Petition (MS) No. 810 of 2015 as the leading case, in brief, the case of the appellant is as follows :

Appellant was born in Badaun and is a resident of Village Yaadpur, Tehsil Visholi, District Badaun, where his ancestral house is lying, but since 1989, he is residing permanently or bonafidely in city Rudrapur, District Udham Singh Nagar. In the year 1988, the appellant did his graduation and thereafter, in search of a private job, he came to Rudrapur. It is his case that he was given a job as a Clerk. Annexure-4 is alleged to be a photocopy of the rent agreement dated 06.12.1993. The same has been produced, apparently, to establish that the appellant was residing in Rudrapur. In the year 1992, he got married to a woman, who also belonged to Scheduled Caste community, to which the appellant belongs. After marriage, he left this job as a Clerk and he served as a teacher, for which Annexure-5 is produced. He left his rental accommodation in the year 1994 and started to live in his in-laws’ house as Ghar Jamai where he lived since 1998. In the year 1995, the names of the petitioner and his wife were also included in the voter list of 1995 of Rudrapur Municipal Elections. The wife of the petitioner did her BTC from DIET Bhimtal, Nainital and she got a government job. Annexure-8 is produced to show that the petitioner had participated for getting dealership of petrol pump of Indian Oil Corporation. This has been produced to show that the petitioner was permanently residing in Rudrapur city since 1989 without any break. Annexure-9 purports to be a caste certificate issued by the Tehsildar, Kichha. A child was born, for which Annexure-10 is produced as the birth certificate. He purchased, according to him, a residential plot in the name of his wife at Rudrapur on 30.04.2001 vide Annexure-11. He secured a permanent residence certificate vide Annexure-12 dated 30.05.2001. Election Commission of India gave identity cards dated 12.02.2002 in favour of the petitioner