AIR 2010 UTTARAKHAND 36 ::2010 (4) All LJ 246 ::(2010) 1 UC 42

Uttarakhand High Court

Hon'ble Judge(s): Sudhanshu Dhulia , J

(A) Constitution of India , Art.5— Domicile - Caste benefit - In India, there is only one domicile i.e. "domicile of India" and not regional domicile - There is nothing like "domicile of Uttarakhand" or "domicile of Bihar - Petitioner belonging to caste notified as OBC in State of Uttarakhand - Caste certificate of OBC cannot be denied to her on ground that she was married into higher caste and was thereafter residing in State of Bihar. In India, the entire country has one legal system, denoting one single domicile and therefore, the concept of domicile in India as also the application of principle of domicile would be different to what its application would be in England, Scotland or Wales. In India there is only one domicile i.e. domicile of India and there is nothing like 'domicile of Uttarakhand' or 'domicile of Bihar' or of any other State. The petitioner was born in an Other Backward Class i.e. "Saini" which is notified as Other Backward Class in the State of Uttarakhand. The petitioner was residing in the State of Uttarakhand prior to her marriage and therefore, she is entitled for caste certificate from the State authorities in the State of Uttarakhand. Thus, the denial of caste certificate to the petitioner by the State authorities in Uttarakhand on the ground that she is presently a domicile of the State of Bihar and not of Uttarakha....