Civil Procedure Code (CPC)

Nativity,domicile,residential cert for cap cert

retd personal

Being an ESM (Ex-serviceman) settled permanently in this state duly registered with Zilla Sainik Welfare Office issued with an I card I went to Zilla Sainik Welfare Office RR to apply for a CAP certificate for my daughter who has studied here since decembar 2007 and appeared for Intermediate Second Year from Sri Chaitanya Junior College ECIL Sec-bad.

I was asked a fill an application form along with photocopy of the following documents:

a)  Discharge Certificate/Service Particular.

b) Pension Pay Order

c) Id entity card issued by them

d) Transfer /migration certificate, school certificates of my daughter

e) Any educational cert of the ESM for self to prove he belongs to AP

I was already armed with the photocopies for the serial a-d but was taken aback when I was told by the Zilla Sainik Welfare Officer unless I produce any education certificate of myself having studied in the state of AP my application would not be accepted. As per EAMCET notification as is still available in the website one needed to prove his domiciliary of this state to obtain such CAP cert. And as per Ms No GO 370 of 1994 one who has lived here in this state for 5 years irrespective of nativity is to be considered domicile of this state ( GO 370 is still operative). Requirement of "any educational cert to prove ESM belongs to this state" was streching the cord a bit too far. And I asked for the authority based on which such a condition has been inserted at the first place.

The ZSWO handed me over a copy of Directorate of Sainik Welfare letter Memo No 13891/Admn/2007-S1 dated 19.01.2007. In that letter Director Sainik Welfare has referred a judgement given by Hon'ble Chief Justice of Andhra Pradesh on a Writ Appeal No 951 & 952 of 2006. In that it has references of GO Ms 192 dated 26.08.1993 categorising the ex-servicemen into four priorities for admission into Engg, Agriculture and medical courses ( EAMCET) for the children of Armed Forces personnel and also defined the NATIVE as follows :

"Native means ex-servicemen , servicemen,BSF personnel , CRPF personnel who have represented the state of Andhra Pradesh at the time of joining the serviceby declaring as their permanent home address as place in Andhra Pradesh and are bonafide natives of the State including these AP servicemen/BSF Personnel,CRPF Personnel who are stationed in other States at the time of submission of application for admission"

The letter also states in a separate para " without giving any consideration to the GO 192 of the education department , the education department issued GO No 370 dated 18.10.1994 amending the GO 184 of education department dated 20.08.1993 wherein children of all ex-servicemen and serving defence personnel , CRPF, BSF irrespective of their nativity who reside in AP for five years are made eligible to seek admission into the Engg , medical colleges etc."

It further stated "Ex-servicemen Welfare Associations have stated that the GO Ms No 370 is against the interests of the ex-servicemen/servicemen who are domicile of Andhra Pradesh. ......." .So the Directorate took upon themselves to question the veracity of the GO 370 and denied issue of cap cert to any ESM who are not native of this state. Aggrieved by the denial the affected candidates approached the high court of AP .The Hon'ble HC dismissed their Writ Petitions and Writ Appeals and gave the judgement as under:-

"For availing of various benefits /concessions offered by a state , ex-servicemen has to be domicile of that state".

"Held that mere residence in AP for five years will not entitle a person to the benefits available to ex-servicemen in the state of AP without the proof of an individual's domicile in the state of Andhra Pradesh"

In view of the above all the Zilla Sainik Welfare Officers in the state are hereby instructed to issue Children of Armed Forces Personnel Certificate ( CAP Cert) only to the children of Armed forces personnel who are domicile of the Andhra Pradesh which is interpreted below"

" Native means ex-servicemen and serving armed forces personnel who have represented the state of AP at the time of joining the Armed Forces by declaring a place in Andhra Pradesh as their permannet home address.".

It goes on stating " the officers are hereby instructed not to issue CAP Cert to any ex-servicemen who belongs to other states and settled in Andhra Pradesh even though he has changed his address in the discharge book.

Any lay man can understand that the director who himself a serving Brigadier has gone too far mis-interpreting the order of the hon'ble High Court of AP..But sadly it has worked since the issue of this letter in Jan 2007 as no ESM belonging to other state despite fulfilling the domicile conditions laid down in GO 370 which is still operational and no way contradicts the order of the hon'ble HC of AP has been issued with CAP Cert by the ZSWOs in AP.

I fulfil all the conditions that are laid down as at GO 370 which is operational and hence effective. The order of the high court on the Writ Appeals 951 & 952 in no way supercede the provisions of GO 370 dated 18.10.1994. Order of the HC of AP has neither redefined nor has set aside the provision " Wherein children of all exservicemen and serving defence personnel , CRPF, BSF irrespective of their nativity who resides in AP for five years are made eligible to seek admision into engineering , medical colleges etc"..

All the conditions thus laid down in GO 370 in respect to eligibilty to seek admission for my daughter under CAP quota are fulfilled by me and I need to demand it from the Directorate of Sainik Welfare under Ministry of Home which has no force of law to supercede a GO namely Ms 370 on their own just because a few callous self centered ex-servicemen of this state demaded it. 

Directorate of Sainik Welfare is itself confused on the issue of nativity vis-a-vis domiciliary of a state ..those are two distinctly different words having their distinctly different application..The impact of this letter and denial of CAP cert to ESM settled parmanently here in this state duly registered by the same ZSWOs will have serious reparcations..it will snow balled into a national debates as it has the potential to tearing of the country into pieces.

I am sure lawyers club of India forum will not let it happen..It must focus its attention to this small but very very critical issue..the judges whose orders are being played with imperfection even if not in service must respond very very promptly to keep the country intact and in one piece..

 
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