The Gujarat High Court Wednesday granted relief to four medical students whose admission was cancelled by the state government on the ground that they had not lived in the state for a continuous 10 years as required under the new domicile rule.
Directing the state government to admit the students, Justice J B Pardiwala said that the petitioner students might not have completed continuous study in Gujarat for 10 years, but with regard to the concept of domicile and the rules, “it cannot be said that the students do not have the domicile of Gujarat state”.
The judgment stated that rule 4 (A-A) of the amendment rules, 2018 only states that the student must be a domicile of the state but doesn’t define the term “domicile” or “domicile of Gujarat state”. It said this rule also doesn’t provide that “only those candidates who establish minimum continuous stay of ten years in Gujarat can be considered eligible for the domicile”.
The court observed the “only interpretation that can be given to the term ‘domicile’… is residence of a particular kind. This residence need not be continuous but must be indefinite not purely fleeing”.