DR. YOGESH BHARDWAJ versus STATE OF U.P. AND ORS.

DR. YOGESH BHARDWAJ versus STATE OF U.P. AND ORS.

Residence in Uttar Pradesh for over five years solely for completing studies, if lawful and bona fide, constitutes 'bona fide residence' within the meaning of the notification; the High Court's restrictive interpretation is unsustainable and conflicts with constitutional guarantees.

Source-derived case information.

Parties
Appellant: Dr. Yogesh Bhardwaj; Respondents: State of U.P. and Ors.
Jurisdiction
India
Judgment Date
24 April 1990
Procedural Posture
Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment and Order
Outcome
appeal allowed, High Court order set aside
Legal Topics
Admission Criteria, Residence Qualification, Domicile, Reservation of Seats
Education Law Constitutional Law Admission Criteria Residence Qualification Domicile Reservation of Seats

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dr. Yogesh Bhardwaj

Appellant

State of U.P. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment and Order

Legal Issues

  1. 1 Whether residence solely for purpose of pursuing a B.D.S. course in Uttar Pradesh qualifies as 'bona fide residence' for admission to M.D.S. course under the relevant notification.
  2. 2 Whether the concept of 'domicile' has application within the context of Indian States for university admission purposes.

Ratio Decidendi

Residence in Uttar Pradesh for over five years solely for completing studies, if lawful and bona fide, constitutes 'bona fide residence' within the meaning of the notification; the High Court's restrictive interpretation is unsustainable and conflicts with constitutional guarantees.

Court Disposition

appeal allowed, High Court order set aside

Orders

  • Impugned order of the High Court is set aside.
  • Appeal allowed with costs for the appellant in both Supreme Court and High Court.