Case Note & Summary
The petitioner, Imran Shaikh, born on 12 September 1987 in Kilvani village, Dadra and Nagar Haveli, sought a certificate of 15 years' residence to claim a medical seat in the Union Territory quota. His mother, a teacher in the Union Territory since 1982, was allotted quarters there in 1987. The petitioner was educated in the Union Territory, and his father, a bus conductor, was later posted there in 1998. Voters' lists showed the father's name in the Union Territory for multiple years. The court found sufficient evidence of continuous residence and allowed the petition, directing issuance of the certificate.
Headnote
A) Residence Certificate - 15-Year Residence - Union Territory Quota - Medical Admission - The petitioner sought a certificate of 15 years' residence in Dadra and Nagar Haveli for a medical seat. The court examined evidence including birth, education, parents' employment, and voters' lists to determine residence. Held that the petitioner had established residence in the Union Territory for the requisite period and was entitled to the certificate. (Paras 1-3)
Issue of Consideration
Whether the petitioner is entitled to a certificate of 15 years' residence in the Union Territory of Dadra and Nagar Haveli for the purpose of admission to a medical seat in the quota set apart by the Union Government.
Final Decision
The court allowed the writ petition and directed the respondents to issue a certificate of 15 years' residence to the petitioner and consider him for admission to a medical seat in the Union Territory quota.
Law Points
- Residence certificate
- Union Territory quota
- medical admission
- 15-year residence
- Article 226
- Constitution of India
Case Details
2006 LawText (BOM) (02) 18
WRIT PETITION NO.7134 OF 2005
F.I. REBELLO, J., DR. D.Y. CHANDRACHUD, J.
Mr. R. M. Agarwal i/b. Mr. G. R. Agarwal for the Petitioner, Mr. Ashokan for Respondent No.1
Shri Imran son of Shri Mahmudmiya Ibrahim Shaikh-through his father
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Nature of Litigation
Writ petition under Article 226 of the Constitution challenging denial of a certificate of 15 years' residence and consequent denial of a medical seat in the Union Territory quota.
Remedy Sought
Petitioner sought a direction to issue a certificate of 15 years' residence in Dadra and Nagar Haveli and consequential admission to a medical seat.
Filing Reason
Denial of residence certificate by authorities, leading to loss of medical seat in Union Territory quota.
Issues
Whether the petitioner is entitled to a certificate of 15 years' residence in the Union Territory of Dadra and Nagar Haveli.
Submissions/Arguments
Petitioner argued that he was born in the Union Territory, educated there, his mother employed there since 1982, and his father's name in voters' lists, establishing residence.
Respondent likely contested the residence claim based on voters' lists also showing names in Gujarat.
Ratio Decidendi
A person can establish residence in a Union Territory through birth, education, parents' employment, and inclusion in voters' lists, even if parents also appear in voters' lists elsewhere, provided the preponderance of evidence shows continuous residence.
Judgment Excerpts
Aggrieved by the denial to him of a certificate of 15 years' residence and a consequent denial of a medical seat in the quota set apart by the Union Government for the Union Territory of Dadra and Nagar Haveli, the Petitioner has moved these proceedings under Article 226 of the Constitution.
Procedural History
The petitioner filed a writ petition in the Bombay High Court after being denied a residence certificate and medical seat. The court heard the matter and delivered judgment on February 2, 2006.
Acts & Sections
- Constitution of India: Article 226
