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.