Schooling Abroad Won’t Affect Domicile Certificate Eligibility: Gujrat High Court

Last Updated on August 12, 2024 by News Desk

The Gujarat High Court has ruled that time spent by a student in a school abroad cannot be excluded from the mandatory 10-year residential period required for obtaining a domicile certificate in the state. The decision was brought by a petitioner whose application for a domicile certificate had been rejected by local authorities. The court emphasized that a student’s residence should not be deemed interrupted merely because of their temporary absence from the state for educational purposes.

The court stated that the petitioner’s period of schooling abroad does not negate their status as a resident of Gujarat. The continuity of residence remains intact as the intention to return and permanently reside in the state was evident. The court further noted that excluding such periods would unfairly disadvantage students who pursue education opportunities abroad and could lead to arbitrary denials of domicile certificates, which are crucial for accessing state benefits.

This ruling is expected to have wide-reaching implications for students and families across Gujarat, particularly those who temporarily relocate abroad for education. Legal experts have praised the judgment for its progressive approach, ensuring that students are not penalized for seeking education abroad while maintaining their ties to their home state.

Parents and students have welcomed the judgment, expressing relief that their educational pursuits abroad will not hinder their ability to claim domicile in Gujarat. However, some administrative officials have voiced concerns over the potential challenges in verifying the bona fides of students who study abroad, arguing that the ruling might necessitate stricter documentation and verification processes to ensure that applicants genuinely meet the domicile requirements.

As the state authorities assess the implications of this judgment, new guidelines may be issued to streamline the process for calculating the 10-year residency period. For now, the Gujarat High Court’s ruling stands as a significant victory for students and their families, ensuring that their educational pursuits do not come at the cost of their rights to state benefits and recognition.