LAXMI TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) The domicile certificate which was granted to the petitioner has been cancelled by an order dated 26 March 2016 passed by the Sub Divisional Magistrate, Mankapur, Gonda, the second respondent. Under Section 4 of the Uttar Pradesh Janhit Guarantee Adhiniyam, 2011, the legislature has provided that the designated officer shall provide the service notified under Section 3 to the eligible person. Under Section 5, a provision has been made for the commencement of the stipulated time limit within which the service has to be provided. Under sub-section (2) of Section 5, the designated officer, on receipt of an application under sub-section (1) shall, within the stipulated time limit either provide service or reject the application and in the case of rejection of application, must record the reasons in writing and intimate the applicant. Section 6 provides for the remedy of an appeal to any person, whose application is rejected under sub-section (2) of Section 5 or who is not provided with the service within the stipulated time limit.

(2.) In exercise of powers conferred by Section 3, a notification has been issued by the State Government on 15 January 2011. The notification, inter alia, provides that the Sub-Divisional Magistrate shall be the designated officer for deciding issues pertaining to domicile certificates. The first appeal lies to the District Magistrate, while a further appeal is provided to the Divisional Commissioner.

(3.) In the present case, we note from the record that the domicile certificate which was granted to the petitioner has been cancelled by the Sub Divisional Magistrate. In our view, the provisions of Section 5 (2) and Section 6 must receive a purposive interpretation. The cancellation of a domicile certificate amounts in law to the rejection of the application for the grant of domicile certificate. While cancelling a domicile certificate, what essentially the Sub-Divisional Magistrate does in such a case, is to hold that the applicant is not entitled to the domicile certificate for the reasons indicated in the order of cancellation. Hence, both as a matter of fact and law, the consequence of the cancellation of a domicile certificate is to lead to the rejection of the application for the issuance of a domicile certificate.