[Domicile Certificate] Time Spent By Student In School Abroad Before Returning Can't Be Excluded While Calculating 10-Yr Residential Period: Gujarat HC

In a recent ruling, the Gujarat High Court has granted relief to a student by directing the Mamlatdar to issue a domicile certificate to a student, Tilakkumar Mishra, waiving the minimum criteria of 10 years of continuous residency in the State of Gujarat during which the student lived in Abu Dhabi for three years to pursue his studies.

Justice Sunita K Vishen, who presided over the case, cited previous judgments and relevant rules, asserting “merely because student shifts himself outside the State of Gujarat for few years to pursue studies in a school outside the State of Gujarat as a boarding student and returns to the State of his permanent residence and also pursues further education of Standard-IX to XII, then in such circumstances the period for which he remained outside the State of Gujarat cannot be excluded while computing minimum continuous stay of ten years in the State of Gujarat.”

Background

This decision was made in response to a petition filed by Mishra, who sought to challenge a letter from the Mamlatdar that denied his request for a domicile certificate on the grounds of his studies in Abu Dhabi from 2013 to 2016.

The advocate appearing for the petitioner submitted that the petitioner's place of birth was New Delhi. He explained that the petitioner's family shifted to Delhi due to the health concerns of the petitioner's mother, who had suffered a paralytic attack. However, they returned to Ahmedabad within two months.

The advocate further stated that since 2006, immediately after the petitioner's birth on 23.01.2006, the petitioner had been residing in Baroda with his parents. This claim was substantiated by the passport issued by the passport authority, which indicated Ahmedabad as the place of issuance, with the validity period from 02.01.2007 to 01.01.2012. The passport was renewed from 2016 to 2021, again indicating Ahmedabad as the place of issuance and the address as Baroda.

It was also submitted that the petitioner completed his education from Junior K.G. to Std. II in Baroda. Although the petitioner was away for a brief period of three years, he continued his studies in the state from standard VI to XII.

The advocate highlighted that there was no dispute regarding the authenticity of the school certificates and documents, which confirmed that the petitioner had attended schools in Baroda, including Dreams Play School, Navrachana Vidyani Pre-primary School, Essar International School, and Gujarat Public School, Vadodara.

The advocate argued that sufficient documents indicated the petitioner's residence in Gujarat, except for a three-year period from 2013 to 2016, when he was in Abu Dhabi.

He contended that the authorities had wrongly denied the domicile certificate to the petitioner, emphasizing that the petitioner was entitled to the benefits of the state government's policy, including the clarification issued by the Home Department to the Commissioner of Police dated 05.09.2009. He submitted that these aspects had not been properly considered, leading to the unjust refusal of the domicile certificate.

In conclusion, the advocate argued that the petitioner had been residing in Vadodara since birth, except for a brief period of three years, and that both the petitioner and his parents continued to reside there.

The mother of the petitioner was admitted to AIIMS Hospital in New Delhi for treatment of Acute Disseminated Encephalomyelitis (ADEM), a condition leading to paralysis. During this time, the petitioner was born in New Delhi on June 23, 2006. Shortly after his birth, within 2 to 3 months, the petitioner's parents relocated to Vadodara.

To support this claim, the petitioner provided various documents, including a passport, a report card from Dreamz Play School for the year 2006, a certificate from the senior class issued by Narvrachana & Vidyani Pre-Primary Section, a school leaving certificate from Essar International School in Surat dated 2013, a bonafide certificate from Gujarat Public School in Atladara, Vadodara, and several mark sheets.

Proof of residential address lists domicile as Gujarat

The petitioner contended that his passport, issued from Ahmedabad, consistently lists an address in Vadodara. The passport, initially valid from 2007 to 2012, was later renewed, and in each instance, the address recorded remained in Vadodara.

The Court observed, “Even the Aadhaar card issued, in the name of the petitioner, contains the address of the Vadodara. Besides, petitioner has placed on record the election card of the father, containing the address of Vadodara. Even the APLRation Card, which has been issued, contains the address of Vadodara.Apparently, all the documents, which have been placed on record, they are for the period from 2006 onwards till recently except the period of the year 2013 to 2016. It is not in dispute that the petitioner, has studied Standard 10th and 12th from Vadodara. Therefore, consistently from the year 2006 till the year 2024, except the 3 years i.e., 2013 to 2016, the petitioner has been residing in the State of Gujarat at Vadodara,” the Court added.

Moreover, the Court pointed out that the petitioner had placed on record various documents related to immovable properties—both residential and commercial—purchased by the petitioner's parents, with executed sale deeds. The Court also observed that the petitioner provided electricity bills issued by the Electricity Company in the name of the petitioner's parents, along with other documents such as the Aadhaar card, voter identity card, and APL Card of the petitioner's father, all containing the address of Vadodara.

Temporary residence in Abu Dhabi for studies cannot take away domicile status

In addition, the Court observed that a reference was made to ongoing proceedings in the Family Court regarding the divorce of the petitioner's parents, where the address mentioned was also that of Vadodara. The Court also noted that the petitioner placed on record a domicile certificate issued in 2000 in the name of the petitioner's mother by the Executive Magistrate, indicating her domicile status in the State of Gujarat.

The Court remarked that “The element of indefinite is writ large and it cannot be said that it is fleeting.”

The Court opined that the voluminous documents clearly indicated that the petitioner's parents have been residing in the State for more than ten years, except for a brief period of three years.

The Court highlighted, "the petitioner, as student, has undertaken his studies for standard 10th and 12th in the State of Gujarat, which otherwise, is the requirement for making the student eligible for getting admission. Currently, the intention of settling in the State of Gujarat is explicit. However, the application of the petitioner has been rejected only on the sole ground that from the year 2013 to 2016, the petitioner, was away for studies at Abu Dhabi."

Accordingly, the Court allowed the petition and directed the mamlatdar to issue a domicile certificate to the petitioner by August 12, 2024.

Case Title - Tilakkumar Vijaykumar Mishra Versus State Of Gujarat & Ors.

LL Citation: 2024 LiveLaw (Guj) 107

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