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april 1990

Supreme Court of India · 1990-04-24

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

Citation / case number
SC 1990/77155
Court
Supreme Court of India
Petitioner
DR. YOGESH BHARDWAJ
Respondent
STATE OF U.P. AND ORS.
Author
T.K. THOMMEN
Bench
T.K. THOMMEN

Judgment text excerpt

The Supreme Court held that a candidate who has resided in Uttar Pradesh for five years for educational purposes qualifies as a 'bona fide resident' under Clause 4(b) of the Notification dated August 19, 1983, irrespective of domicile considerations. The Court found that the High Court's interpretation, which required a candidate's residence to be independent of educational intent, was unsustainable. The appeal was allowed, overturning the High Court's decision that had denied the appellant's status as a bona fide resident based on his lawful and genuine residence in the state for the requisite period.

DR. YOGESH BHARDWAJ vs STATE OF U.P. AND ORS. · Niyam