I have asked the question earlier as well as a member of this 2 Lac plus social site.Now I am engaged myself as my Advocate without any degree in law as PIP WP 21313/2013 in HC AP. As someone has foretold that my writ will be posted in the routine manner.But it has to be posted.So I need to be up-dated and fight it out.
As my daughter was offered a Cat-C MBBS seat but declined and was offered a BDS seat in GDC&H in Hyderabad and admitted I think there is no hassl;es as far as candidate is concerned.
My appl for CAP cert (Children of Armed Forces Personnel)for a MBBS seat as per her EAMCET 2013 rank under CAP quota ( 1 %)stands denied by Zilla Sainik Welfare Officer on my DOMICILE issue.
I am an Ex Servicemen retired after 30 years of service to the nation. That's settle my domicile of India issue.
Apex Court has settled the issue conclusively that an Indian is a domicile of India and there is nothing as " Domicile of West Bengal or Domicile of AP ".
If that be so it is incorrect on the part of Zilla Welfare Officer to deny me CAP cert on not being DOMICILE of the State of AP. But he has cited the auth of a letter from his immediate superior auth i.e Director of Sainik Welfare AP which has asked him not to issue CAP cert to any ESM who is not a DOMICILE of the state of AP.
The Director in turn has quoted some extract of a Judgement of the Chief Justic e of AP in Writ Appeal No 951 & 952 of 2006.
In that order The Division Bench headed by then Chief Justice has stated that as per the EAMCET notification "mere residence of 5 years in AP is the only criterion for an ESM to obtain a CAP quota for his ward" should be revisited as various proceedings issued by Directorate of Resettlement Min of Def GOI prescribe DOMICILE as the main criterion for claiming benefits by the Ex servicemen.
I am ready to dis-count the claims or prescripttions issued by the ZSWO, the Director Sainik Welfare AP and the staff at the Directorate of Resettlement at the DGR MoD GOI as those were not legally trained to uphold the constitution. What about the Hon-ble Judges who wish to uphold the claims of the legally untrained officials. By citing the proceedings where those officials have prescribed DOMICILE OF A STATE as the main criterion to avail benefits offered by that state?
Is it not a case of contempt by the hon-ble judges of the high court against the settled order of our APEX COURT on the issue of DOMICILE of a state in India?
I am ready to accept that use of term DOMICILE in this case is simply to indicate BELONGING to a state in addition of being a domicile of India. And DOMICILE of a state simply means a resident of a place in that state. Now the term Resident when it means or to be used at par with " belonging to the state" is to be defined by the state itself. In the instant case the state in its wisdom with due deliberations and weightage to all the proceedings issued by the DGR Min of Def GOI ( referred to by the hon-ble division bench) had published GO 370 of 1994 on eligibility for availing CAP cert from the respective ZSWOs which is in vogue and has not undergone any amendment as on date. That GO states "Any serving or retired armed forces personnel who has resided for 5 years in AP is eligible for CAP quota for his children".
Can any body help me to give me a counter so that I am doubly prepared?
