Himachal High Court frames norms for issuing certificates
Vijay Arora
Shimla, October 14
Taking serious note of the inflexible or rigid interpretation of conditions for procuring certificates for different categories from government offices, the HP High Court today framed comprehensive guidelines to abridge the lacunae in the rules and to simplify the process.
While framing guidelines, a division bench comprising Justice Sureshwar Thakur and Justice Chander Bhusan Barowalia directed the state government to issue appropriate directions to all concerned authorities to the effect that if the person (applicant), while applying for bonafide, BPL/APL/Economically Weaker Sections of the Society, SC/ST/OBC category and Physically Handicapped certificates, produces any one of the documents mentioned in the guidelines, then it will be sufficient material proof for issuance of relevant certificate to him/her.
It observed: “The courts cannot shut its eyes to the apathy of law, which leads common people to run from pillar to post for issuance of certificates, through instrumentalities of state.”
The court passed these directions while disposing of a petition filed by one Ashwani Kumar, who has alleged that his applications for issuing bona fide Himachali certificates in favour of his sons were rejected despite the fact that he is continuously residing in the state since his birth as his father was an employee of the state electricity board.
However, the government contended that the applications were received with Aadhaar card and copy of family register only and the certificate of the concerned pradhan of gram panchayat or local authority was not attached.
The court directed that for issuance of bona fide Himachali certificate, any one of the documents viz ration card; employment certificate/identity card issued by government offices, birth certificate attested copy of pariwar (family) register, Aadhaar card/voter ID card, revenue record(s), kisaan pass book, certificate(s) issued by the MP, MLA, class I gazetted officers of the state, panchayat pradhan, municipal councillor, mayor, president notified area committee, stating that the applicant is residing in Himachal Pradesh uninterruptedly/continuously for the last 20 years or more will be a strong and undeniable basis for issuing concerned certificate to an individual.
Petitioner’s complaint
The High Court passed these directions while disposing of a petition filed by Ashwani Kumar, who alleged that his applications for issuing bona fide Himachali certificates in favour of his sons were rejected despite the fact that he had been residing in the state since his birth.
