Eruva Uday Kiran v. State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.11849 OF 2019 ORDER:

The grievance of the petitioner is that the authorities are not treating him as a local candidate and issuing him a local candidate / nativity certificate.

Perusal of the record reflects that the petitioner is the son of a retired Junior Joint Commanding Officer in the Indian Army. He pursued his post schooling and undergraduate education in the State of Telangana. His grievance is that he is not being issued a local candidate / nativity certificate to enable him to aspire for the employment in the State of Telangana as a local.

In this regard, it may be noted that a Division Bench of the common High Court for the States of Telangana and Andhra Pradesh had an occasion to consider the issue of local candidature of the children of Army personnel in Writ Petition No.29133 of 2016. A copy of the order dated 30.8.2016 passed in the said Writ Petition is placed on record. Perusal thereof reflects that the Division Bench was of the opinion that a person who is native of a particular State but who was made to travel all over the country on account of his / her father serving the nation, could not be considered a non-local. The Division Bench accordingly allowed the Writ Petition directing the authorities to consider the petitioner therein as a local candidate in view of her nativity in the State of Andhra Pradesh. Be it noted that the father of the petitioner in the aforestated case was also employed in the Indian Army.

The petitioner's representation dated 27.5.2019 seeking recognition of his status as a local candidate is pending consideration before the Tahsildar, Uppal Mandal, Medchal Malkajgiri District. Perusal of the copy thereof filed in this case demonstrates that it was received on the very same day.

In that view of the matter, the Writ Petition is disposed of directing the Tahsildar, Uppal Mandal, Medchal Malkajgiri District, to take appropriate action upon the petitioner's representation dated 27.5.2019 keeping in mind the decision of the Division Bench in W.P.No.29133 of 2016. This exercise shall be completed expeditiously and in any event, within one week from the date of receipt of a copy of this order, be it from whatever source.

Pending miscellaneous applications, if any, in this Writ Petition shall stand closed.

----------------------- SANJAY KUMAR, J.

Dt: 17.06.2019 Note: C.C. by tomorrow B/ o Kvsn