The judgment established the distinction between domicile and residence, and the court's interpretation of Article 15 and 16 of the Constitution of India in relation to residence requirements.

BARIN GHOSH, C. J.—

By the judgment and order under appeal, writ petition of respondent No. 1 has been allowed by quashing the order dated 1st February, 2011, by which, appellant No. 2 Sub Divisional Magistrate, Rudrapur, Udham Singh Nagar, rejected the application of respondent No. 1 seeking a residence certificate; and directing the said appellant to issue a domicile certificate to respondent No. 1 forthwith.

2. Respondent No. 1 responded to an advertisement for admission to MBBS Course commencing from the academic year 2008-2009. The advertisement held out that some of the advertised seats are available exclusively for those, who are residents/domiciled in the State of Uttarakhand. Respondent No. 1, while responding to the said advertisement, held out that he is a domicile/resident of the State of Uttarakhand. Response to the said advertisement gave an admission to respondent No. 1 in a seat, which was meant for a resident/person domiciled of the State of Uttarakhand. At the time of responding to the said advertisement, it was held out by respondent No. 1 that the fact that he is a resident of the State of Uttarakhand would be evidenced from Domicile Certificate bearing No. 2403 dated 13th July, 2008 issued by appellant No. 2 in his favour. On the strength of the said certificate, respondent No. 1 obtained the said admission. After respondent No. 1 was admitted, all the certificates filed by him in support of his claims, made in his response to the advertisement, were verified. In course of such verification, Government Medical College, Haldwani, where respondent No. 1 was admitted, was informed by appellant No. 1, by a communication dated 8th October, 2008, that no Domicile Certificate bearing No. 2403 dated 13th July, 2008 was issued by appellant No. 2 in favour of respondent No. 1. In view of the said communication, the admission of respondent No. 1 was cancelled by the Government Medical College, Haldwani, by an order dated 14th October, 2010 for want of domicile certificate.

3. Cancellation of the admission of respondent No. 1, vide order dated 14th October, 2010, was assailed by respondent No. 1 in Writ Petition No. 1855 of 2010 (M/S). In the said writ petition, it was contended by respondent No. 1 that Domicile Certificate bearing No. 2821 was issued in his favour, while it was contended in the counter affidavit filed by the appellants that respondent No. 1 held out to the College to have been granted Domicile Certificate bearing No. 2403 dated 13th July, 2008, which was issued to one Km. Supriya Kulshresth. While dealing with the writ petition, this Court did not go into the question, whether Domicile Certificate bearing No. 2403 dated 13th July, 2008 was issued in favour of respondent No. 1 or Domicile Certificate bearing No. 2821 was issued in his favour. The Court, however, noticed that Up Zila Adhikari, Rudrapur, could issue domicile certificate in favour of respondent No. 1. It, accordingly, granted liberty to respondent No. 1 to apply afresh to Up Zila Adhikari, Rudrapur, to obtain domicile certificate and directed appellant No. 2 to make an inquiry whether respondent No. 1 is a domicile of Uttarakhand.

4. Respondent No. 1, thereupon, applied for a certificate in terms of the liberty granted by this Court by its order dated 15th November, 2010, which application was rejected by an order dated 1st February, 2011, which was assailed in the second writ petition.

5. In the second writ petition, it was contended by respondent No. 1 that he had applied for domicile certificate, which was numbered as 2821, but, due to inadvertence/negligence on the part of the appellants, in the domicile certificate, serial number was wrongly given as 2403. It was contended in the said writ petition that the father of respondent No. 1 entered into an agreement dated 15th June, 1995 with Sri Hari Ram for purchase of a plot of land situated at Kiccha, Udham Singh Nagar. It was also stated that Sri Hari Ram executed a sale deed in favour of

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