IN THE HIGH COURT OF DELHI (Original Jurisdiction) W.P. (C) NO.

OF 2013 (Under Article 226 of the Constitution of India) IN THE MATTER OF:: 1. Ms. Sukanya Kadyan d/o Sh. Naresh Kadyan C-38, Rose Apartment, Prashant Vihar, Sector-14, Rohini, Delhi 110085. //Versus// Chief Minister, Through the Chief Secretary, Govt. of NCT Delhi Delhi Secretariat, New Delhi Deputy Commissioner through Tehsildar, Rohini North-West, Kanjhawla, New Delhi Petitioner

1.

Respondent No. 1.

2.

Respondent No. 2.

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF OBC AND DOMICILE CERTIFICATE TO MIGRANT MIGRATED BEFORE 2000 IN PURSUANCE OF NOTIFICATION ISSUED BY GOVT OF NCT OF DELHI Vide No. F.8/11/992000/DSCST/SCP/OBC/2855 Dated 31.5.2000 read with THE MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT, GOVERNMENT OF INDIA vide

order LR NO. 12017/1/2002-BCC, DATED 2511-2002, To, Hon'ble The Chief Justice of Delhi, High Court and His Lordship's Companion Justices of the High Court of Delhi. The Humble petition of the Petitioner above named. MOST RESPECTFULLY SHEWETH : 1. Facts of the case: (i) That the petitioner is a resident of the State of Delhi. The petitioner is a student of MSc. Geology from

Allahabad Central University through its centre in Delhi. (ii) That the petitioner belongs to JAT Community by virtue of birth in the community. (iii) That the Community of JAT was

included in the list of Other Backward Caste(OBC) vide Other Backward

Caste Commission, Government of National Capital Territory of Delhi notification no. F. 8/11/99-

2000/DSCT/SCP/OBC/285 31.05.2000(Annexure-1). (iv) The Ministry of Social

dated

Justice

&

Empowerment, Government of India vide order Lr No. 12017/1/2002-BCC, dated 25-11-2002 (Annexure-2)

directed to Chief Secretaries of State Government/UT issue certificate Administrations belonging class to to a in

particular accordance governing certificates. (v)

backward with the the issues

principles of such

The principle in the determination of case of migrant OBC, the crucial date for the determining the OBC as

migrant or origin should be taken as the date of issue of notification

applicable in the case of beneficiary. The principle has been laid out in the Ministry of Social Justice &

Empowerment, Government of India

vide order Lr No. 12017/1/2002-BCC, dated 25-11-2002(Annexure-2). (vi) All the State Governments/UT

administrations were requested to streamline the respective procedure for issuing OBC certificates through the abovementioned order. (vii) The petitioner was born in Union Territory of Delhi now a State on 9 December 1989 and received her education Region. (viii) The petitioners parents migrated in the National Capital

from State of Haryana to the Union Territory of Delhi now a State in the year 1998. (ix) The mother of the petitioner was born and brought up in the State of Delhi and the father of the petitioner was born in the State of Haryana. The mother shifted to her in laws place for cohabitation.

(x)

The parents of the petitioner decided to shift to the State of Delhi, earlier a Union Territory in the year 1998.

(xi)

The Government of Haryana vide notification no. 59 SW(1)-2013 dated 24th January 2013 (Annexure-3) caste

accorded

special

backward

status to the JAT community providing 10% reservation in the jobs to the class of people residing in the

territory of the State of Haryana. (xii) The petitioner approached the

authorities for issuance of the OBC certificate and domicile with the

proper documentation and required certificates. jurisdiction investigation (Annexure-4) The in the issued certifying SHO area having after

certificate that the

petitioner belongs to the community and has been living in the area since 1998. 2. Questions of Law:-

(i)

Whether the Migrant of the JAT community migrated before the crucial date of the migration is entitled to get reservation?

(ii)

Whether the Migrant of the JAT community migrated before the crucial date of the migration is eligible Certificate? for applying OBC

(iii)

Whether the Migrant of the JAT community migrated to the State of Delhi is eligible to get domicile of the State?

(iv)

Whether refusal of issuance of OBC certificate by the Respondent No.2 i.e. competent authorities to the eligible person amounts to failure to act or perform his duty by the public servant?

(v)

Whether the Honble court can direct and compel the public

servant to perform the duty under

the

writ

of

mandamus

in

the

abovementioned matter? 3. Grounds I. Because (OBC) the Other Other Backward Backward Caste Caste

vide

Commission, Government of National Capital Territory of Delhi notification no. F. 8/11/99-2000/DSCT/SCP/OBC/2855

dated 31.05.2000 (Annexure-1) included the JAT community in the list of OBC and the crucial date for determining as per the order of Ministry of Social Justice & Empowerment, Government of India

vide order Lr No. 12017/1/2002-BCC, dated 25-11-2002(Annexure-2). The

crucial date for reservation is 31.5.2000. II. Because the petitioner submitted all the requisite documents and has been

residing in the state of Delhi since 1998 as per the order of the Ministry of Social Justice & Empowerment, Government of India vide order Lr No. 12017/1/2002BCC, dated 25-11-2002(Annexure-2).

III. Because the petitioner submitted all the requisite documents and has been

residing in the state of Delhi since 1998. IV. Because the Respondent No.2 is having received the requisite documents did not act and perform their duty. The Respondent no. 2 did not provide any reply and confirmed the application as being rejected. V. Because the petitioner is entitled to writ of mandamus in exercise 226 of of writ the

jurisdiction constitution. 4.

under

That the present petitioners have not filed any other petition in any other court on the subject matter of the present petition. PRAYER In the above premises, it is prayed that this Hon'ble Court may be pleased: I. Pass the order confirming that the Migrant belonging to JAT community

migrated before the crucial date is entitled to get reservation, II. Pass the order confirming that the Migrant belonging to JAT community migrated before the crucial date is eligible to apply for OBC Certificate, III. Pass the order confirming that the Migrant belonging to JAT community migrated before the crucial is eligible to apply for certificate of domicile, IV. Direct the Respondent no. 2 to act and perform his duty in the abovementioned matter for issuance of OBC and domicile certificate in the name of the petitioner, V. Issue a writ of mandamus directing the Respondent no. 2 to comply with the order. FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL AS INDUTY BOUND, EVER PRAY.