Delhi High Court
Ridhi Bhagat vs Govt. Of Nct Of Delhi on 30 May, 2017
$~46
IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 30.05.2017
+ W.P.(C) 1456/2017
RIDHI BHAGAT ..... Petitioner
Versus
GOVT. OF NCT OF DELHI ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Manpreet Kaur, Advocate
For the Respondents : Mr. Uday Chauhan, Adv. for Ms. S.Banal, Adv. for R-1 with Mr. Hem
Chand, from the SDM Office
Mr. Vivek Goyal, CGSC with Ms. Vanya Khanna, Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
30.05.2017
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioner seeks setting aside of the rejection order dated
03.02.2017 whereby the Government of NCT of Delhi has declined to
issue a domicile certificate to the petitioner.
2. It is contended that the petitioner is the daughter of a serving
Army Officer. The father of the petitioner in his service record has
shown that he is a permanent resident of D-73, First Floor, Mansrovar
Garden, New Delhi-110015.
3. It is submitted that the said property is the property of
grandfather of the petitioner. The petitioner was born on 25.11.1998
in Delhi. The petitioner has done her primary schooling from Delhi
and thereafter had to change her school to Kerala, Himachal Pradesh
and now Uttrakhand on account of the postings of her father.
4. As per the petition, since 1989 the father of the petitioner has
been posted to several stations and most of the postings have been for
periods less than three years.
5. The respondents have rejected the application for grant of
domicile certificate to the petitioner on the ground that the petitioner
has not been able to provide residential proof of last three years.
6. Learned counsel for the petitioner submits that the petitioner
has an Aadhar Card of the above referred address at Mansrovar
Garden and the parents have the voter ID cards at the said address.
7. Learned counsel for the petitioner submits that the petitioner is
a permanent resident of Delhi and is domiciled in Delhi and had
undertaken studies outside Delhi on account of her father being posted
to various stations.
8. Learned counsel for the respondent submits that in case the
petitioner submits proof that the property at Mansrovar Garden is an
ancestral property, belonging to the family of the petitioner and her
family members have been regularly residing therein and further the
petitioner is in a position to submit some proof, inter-alia, the
electricity bill, water bill, house-tax receipt, telephone bill in the name
of the family members of the petitioner for the last three years, the
respondents would be able to issue a domicile certificate.
9. Learned counsel for the petitioner submits that the petitioner
would be in a position to furnish the requisite documents. He submits
that the petitioner would file the application by tomorrow itself.
Learned counsel submits that the petitioner requires to submit the
domicile certificate for undertaking higher education and the last date
for submission of the same is 04.06.2017.
10. The writ petition is accordingly disposed of permitting the
petitioner to make an application with the respondent. Since the
learned counsel for the petitioner submits that the application shall be
filed by tomorrow and the last date of submission of domicile
certificate for further admissions by the petitioner is 04.06.2017, the
respondents are directed to process the application of the petitioner
and issue the domicile certificate by 03.06.2017, if the application is
in order.
11. The writ petition is accordingly disposed of in the above terms.
12. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
MAY 30, 2017/'rs'
