Review App. No. 383 of 2008 IN W.P. No. 2378 (M/S) of 2007 Hon. Prafulla C. Pant, J. This is MCC application No. 383 of 2008, for review of order dated 29.11.2007, passed by this Court in writ petition No. 2378 (M/S) of 2007. Heard Shri H.M. Bhatia, learned counsel for the review applicant and Shri S.S. Yadav, learned counsel for the petitioner. Having heard learned counsel for the parties, this Court does not find any error of law committed, which requires exercise of review jurisdiction. MCC application No. 383 of 2008, is dismissed. (P.C. P., J.) Dt. 20.06.2008 S IN THE HIGH COUR OF UTTARAKHAND AT NAINITAL Writ Petition No. 2378 (M/S) of 2007 Smt. Rabia Begum, W/o Sri Tayyab Khan R/o Moh. Alikhan, Kashipur, Udham Singh Nagar …………………. Petitioner. Versus (1) State of Uttarakhand through Chief Secretary, Govt. of Uttarakhand, State Dehradun. (2) Upziladhikari, Kashipur, Udham Singh Nagar. (3) Ziladhikari, District Udham Singh Nagar. (4) District Basic Education Officer, Udham Singh Nagar. ………… Respondents. Hon’ble Prafulla, C. Pant, J. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. (2) By means of this writ petition, the petitioner has sought writ in the nature of mandamus directing the respondent no.2 to issue domicile certificate in the light of clause 4 of Government Order No. 2588/ek-4/Sa.Pra./2001, dated 20th November 2001, treating the petitioner as bona fide resident of the State of Uttarakhand. (3) Brief facts of the case are that petitioner’s father Ayyub Khan was permanent resident of Kashipur, where he had his immovable properties, within the limits of Nagar Palika of said town. The petitioner was born on 10.07.1970 at Kashipur (now part of District Udham Singh Nagar, Uttarakhand). She passed her High School form S.N.S.G.I.C., Sultanpur, Nainital (now part of District Udham Singh Nagar, Uttarakhand), in the year 1984. After doing her graduation from a College in Moradabad, she again joined her further studies in Kumaun University and passed her M.A. in Hindi in the year 1993 form R.H. Govt. P.G. College, Kashipur. After creation of State of Uttarakhand, she sought her domicile certificate and the same was issued by the Sub Divisional Magistrate, Kashipur, on 11.04.2002 (copy Annexure 4 to the writ petition). Petitioner was selected for Special B.T.C. Course in 2007, but she is being denied admission for the want of fresh domicile certificate. Earlier she filed a Writ Petition No. 1828 of 2007 (M/S), which was disposed of on 28.09.2007, with a direction to the authority concerned to decide the petitioner’s representation. The petitioner’s representation is rejected vide impugned order dated 11.10.2007, passed by Sub Divisional Magistrate, Kashipur (District Udham Singh Nagar). (4) Learned Standing Counsel submitted before this Court that the petitioner after getting married in the year 1997 has lost her domicile of State of Uttarakhand and as such the impugned order suffers from no illegality as she was married to a man in District Rampur (Uttar Pradesh). In reply to this, learned counsel for the petitioner argued that though the petitioner’s husband belonged to District Rampur, but since the petitioner has all sisters and no brother, she settled back in Kashipur after marriage and her husband and children also reside in Kashipur. In this connection, attention of this Court is also drawn to the ‘Will’ executed by his Late father (a copy of which is Annexure 1 to the writ petition). (5) The facts of this case are evident from the impugned order dated 11.10.2007, passed by Sub Divisional Magistrate, Kashipur (District Udham Singh Nagar), and the same speak of the merits of this case. Relevant portion of the impugned order are being reproduced below:- **----------------vkosfndk jkfc;k csxe dh vksj ls ek0 lkaln] uSuhrky }kjk iznRRk fnukad jfgr fuokl izek.k i= ,ao ek0 fo/kk;d] dk”khiqj }kjk iznRr fnukad jfgr fuokl izek.k i=] iz/kkuk/;kid “ke”kwy mywe iwoZ ek/;fed fo|ky;] uxj {ks=] dk”khiqj }kjk iznRr vuqHko izek.k i= dh Nk;kizfr;ka izLrqr dh gSa A-------------------------------- -----------------------vkosfndk }kjk vius izkFkZuk&i= fnukad 01-10-2007 ds leFkZu esa tks vfHkys[kh; lk{; izLrqr fd;s gS] muls ;g Li’V gksrk gS fd mudk fookg ekS0 r;~;c [kkW iq= Jh eqLrkd vgen [kkW fuoklh VkaMk cknyh] jkeiqj ds lkFk 11 vDVwCkj ]1997 dks gqvk gS A mudk ¼jkfc;k½ TkUe dk”khiqj esa gqvk vkSj budh f”k{kk &fn{kk dk”khiqj {ks= dh gSA Jherh jkfc;k csxe rFkk muds ifr ekS0 r;~;c [kkW ds ernkrk QksVks igpku i= dk”khiqj fo/kku LkHkk fuokZpu {ks= ds o’kZ 1995 esa jkfc;k csxe iq=h v;~;wc [kkW ,ao o’k &2007 esa jkfc;k csxe ,ao ekS0 r;~;c [kkW ¼ifRu@ifr½ ds cus gS A vkosfndk }kjk izLrqr vius cPpks ds tUe izek.k i= dh izfr ls ;g Li’V gksrk gS fd muds cPpksa dk tUe dk”khiqj esa gqvk gS A Jhefr jkfc;k csxe] ekSgyk vYyh [kkW] dk”khiqj us vkaxuckM+h dsUnz esa lafonk ij dk;Z Hkh fd;k gSA buds ifr ds uke ls egkSYyk vYyh [kkW] dk”khiqj ds irs ij fnukad 16-06-2007 dks jk”kudkMZ cuk gS A ftlesa Jhefr jkfc;k csxe o muds cPpksa dk uke vafdr gSA----------------------** Merely for the reason that the name of the petitioner and her husband were scored of from the ration card of District Rampur in April 2007, her representation has been rejected. (6) Having heard learned counsel for the parties and after going through the papers on record, for example copy of the voter card (Annexure 8 to the writ petition), copy of the domicile certificate no. 9793, issued on 11.04.2002 (copy Annexure 4 to the writ petition), copy of he mark-sheet of Master of Arts, final year, copy of appointment letter dated 21.09.2004 (Annexure 7 to the writ petition), whereby the petitioner was appointed as Anganbari Karyakatri, at Nai Basti, District Udham Singh Nagar, this Court is fully satisfied that injustice is being done to the petitioner in denying her fresh domicile certificate for her admission in the Special B.T.C. Course. From no stretch of imagination can it be said that she does not fulfil the requirements given in the Government Order dated 2588/ek-4/Sa.Pra./2001, dated 20th November 2001 (copy Annexure 6 to the writ petition). (7) For the reasons as discussed above, this writ petition for relief no. (III), deserves to be allowed. The same is allowed. A mandamus is directed to respondent no. 2 to issue the domicile certificate to the petitioner. It is further directed that the petitioner shall not be denied admission in Special B.T.C. Course, provided there is no other impediment in her admission. The order dated 11.10.2007, passed by Sub Divisional Magistrate, Kashipur (Udham Singh Nagar), is hereby quashed. (Prafulla C. Pant, J.) Dt. 29.11.2007 NS