SARTAZ PARVEEN Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) HEARD Mr. D.S. Patni, Advocate for the Petitioner and Mr. N. P. Sah, Standing Counsel for the Respondents.

(2.) THE Petitioner by means of the present writ petition has challenged the order dated 10.12.2010 (Annexure No. 1 to the writ petition) passed by Sub Divisional Magistrate, Jaspur District Udham Singh Nagar Respondent No. 3 by which the application of the Petitioner for grant of permanent residence certificate has been rejected. Since the permanent residence certificate was earlier not given to the Petitioner, the Petitioner was constrained to file the writ petition being Writ Petition No. 2001/2010 (M/S) which was disposed of by a learned Single Judge of this Court vide order dated 25.11.2010 directing the concerned authorities to hear the representation of the Petitioner and pass an order therein. Subsequent to order dated 25.11.2010 the Petitioner moved a representation before the concerned authority. This representation of the Petitioner has been rejected on the ground that though the Petitioner was born at Jaspur, but in 2002 she was married to one Anees Ahmed who was a permanent resident of Moradabad which is in Uttar Pradesh. It is also admitted that on 15.4.2010 the marriage of the Petitioner with Anees Ahmad was also dissolved. Now the Petitioner has moved an application for getting the permanent residence certificate from the concerned authorities in view of the order dated 25.11.2010 of this Court which has been rejected by the concerned authorities by assigning the reasons that in Uttarakhand the permanent residence certificate can only be granted to a person who has stayed for at least 15 years in the State of Uttarakhand by relying upon the Government Order dated 20.11.2001 (Annexure 8 to the writ petition) by which permanent residence certificate can only be granted to a person who stayed at least 15 years in Uttarakhand. Though this order is not under challenge. According to the Petitioner she was born 1.7.1980 at Jaspur which is admittedly in Uttarakhand. The Petitioner's marriage was solemnized in the year 2002, therefore at least in the year 2002 she has already stayed in Uttarakhand for more than 15 years. All the same, the concerned authorities state that in year 2002, she married to a person in Uttar Pradesh and she stayed in Uttar Pradesh till 2010 therefore after marriage she has not stayed in the State of Uttarakhand for at least 15 years, and therefore permanent residence certificate cannot be granted to her.

(3.) THEREFORE when the Constitution of India puts a condition of 5 years for a person to be a citizen of India, it is highly unreasonable for the State to put a condition of 15 years to recognize anyone as a permanent resident of Uttarakhand, even assuming for the sake of argument that some thing like a permanent resident of Uttarakhand has any meaning in law.