SHOBHIT KUMAR Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-10-4
HIGH COURT OF UTTARAKHAND
Decided on October 17,2012

SHOBHIT KUMAR Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

SUDHANSHU DHULIA,J. - (1.) THE petitioner has done his Bachelor Course of Ayurvedic Medicine and Surgery (in short B.A.M.S.) from Government Rishikesh Ayurvedic College, Haridwar, which is affiliated with Hemwati Nandan Bahuguna Garhwal University, Srinagar, Pauri Garhwal. He is facing certain problems regarding his admission through the Ayurvedic Post Graduate Medical Examination 2012, inasmuch as, by the condition mentioned in clause (ii) of information brochure and application form for the said examination, the petitioner is being treated as an "outsider", as he is permanent resident of the State of Uttar Pradesh, as he is not a "domicile" of Uttarakhand.
(2.) THE contention of the petitioner on the other hand is that he cannot be treated as outsider for the simple reason that he has done his B.A.M.S. course from the State of Uttarakhand. Merely since the petitioner resides in the State of Uttar Pradesh and he could not produce the "domicile" of Uttarakhand, he cannot be treated as outsider. This Court in Neha Saini Vs State of Uttarakhand & others reported in AIR 2010 Uttarakhand 36 and Smt. Madhu Arya Vs State of Uttarakhand & others reported in 2011(1) U.D. 292 has held that there is nothing like a "provincial domicile" and each citizen of India has only one domicile which is "domicile of India". Therefore, the insistence by the respondents that the petitioner must have Uttarakhand domicile rests on an irrational, incorrect view of law and it is in fact in violation of the law, submits the counsel for the petitioner. The insistence of a domicile certificate appears to be unjust. An ad interim measure mandamus is issued to the respondents to consider the candidature of the petitioner for the counseling of Ayurvedic Post Graduate Medical Examination 2012. It is further clarified that the candidature of the petitioner will be purely provisional nature and it shall be subject to the final determination in the present writ petition. The respondents are at liberty to impose any just condition once such an admission is granted to the petitioner.
(3.) ISSUE notice to respondent No. 6. Steps be taken within three days.;


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