Temporary Stay Outside Gujarat Due To Parent's Transfer Can't Be Treated 'Break In Residence' To Deny Domicile Certificate: High Court
The Gujarat High Court has held that a student who is compelled to reside outside the State for a period of time on account of her father's transfer is entitled to domicile certificate and this period of time shall not be counted as "break in continuous residence" in the State for 10 years. [2026 LiveLaw (Guj) 207]For context, a domicile certificate is granted if the person seeking is...
The Gujarat High Court has held that a student who is compelled to reside outside the State for a period of time on account of her father's transfer is entitled to domicile certificate and this period of time shall not be counted as "break in continuous residence" in the State for 10 years. [2026 LiveLaw (Guj) 207]
For context, a domicile certificate is granted if the person seeking is a continuous resident of Gujarat for 10 years.
The petitioner's father was posted at Mundra in Gujarat in 2008 where she was admitted to the nursery class in 16.04.2011 and continued to study there till Standard IV, i.e. up to 28.03.2018. Her father was transferred to Chennai for two years–from 21.04.2018 till May, 2020. Subsequently, in 2020, the petitioner's father was transferred back to Gujarat, whereupon the petitioner was admitted to a school in Ahmedabad, in Standard VII and continued her studies there till completion of Standard XII in March, 2026.
After finishing school the petitioner filled up application forms for various courses, including the NEET examination for medical admission. For claiming benefit of local domicile, the petitioner applied for issuance of a Domicile Certificate on 05.02.2026 by making an application to respondent No.3 - Police Inspector. However, it was rejected by order dated 06.03.2026 on the ground that the petitioner was not a continuous resident of Gujarat for 10 years.
Justice Nirzar S Desai referred to various decisions and said:
"In view of the aforesaid decisions relied upon by the petitioner, it emerges from the record that, except for a period of two years, the petitioner pursued her education in the State of Gujarat right from KG up to Standard XII in various schools. The petitioner had to reside and study at Chennai, Tamil Nadu, only for a period of two years on account of the transfer of her father, and it is only on account of the said transfer that the break in the continuous period of ten years came to be created.
The Co-ordinate Bench of this Court has already considered the aspect that where a student goes outside the State for a few years to pursue studies and thereafter returns to the State of his/her permanent residence to pursue further education, the period during which the student remained outside the State of Gujarat cannot be excluded while computing the minimum continuous stay of ten years in the State of Gujarat. In the present case, the petitioner was compelled to reside outside the State of Gujarat for a period of two years solely on account of the transfer of her father. Therefore, in view of the aforesaid decisions, it would not be reasonable to treat the said period as a break while computing the petitioner's continuous residence in the State of Gujarat for the purpose of the requirement of ten years".
In the absence of any distinguishable facts brought on record by the State the court allowed the petition.
The order of rejection was quashed and the court directed the concerned authority to issue a Domicile Certificate in favour of the petitioner immediately, preferably within one week.
The plea was allowed.
Case title: KOMAL D/O SANSARCHANDRA CHAUBE v/s STATE OF GUJARAT & ORS.
R/SPECIAL CIVIL APPLICATION NO. 8474 of 2026
Citation: 2026 LiveLaw (Guj) 207
Appearance: MR ABHISHEK M MEHTA(3469) for the Petitioner(s) No. 1
MR ANGESH PANCHAL ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3