IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 150 of 2011 Ms. Neetu Chaudhary D/o Sri Charan Singh, R/o Gali No.1, A-1, Rameshpuram, NEW Subhash Nagar, Jwalapur, District Hardwar Through her Natural Father & Natural Guradian Sri Charan Singh S/o Sri Raghuveer Singh. ..……… Appellant Versus 1. State of Uttarakhand through Secretary, Revenue Department, Dehradun. 2. District Magistrate, Hardwar, District Hardwar. 3. Tehsildar, Hardwar, District Hardwar. ……...… Respondents Present: Mr. Lok Pal Singh, Advocate for the appellant. Mr. Vinay Kumar, Standing Counsel for the State/respondents. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble Servesh Kumar Gupta, Judge. Date: 15th July, 2011 JUDGMENT Barin Ghosh, C.J. (Oral) The application, which was filed by the appellant to obtain a declaration that she belongs to Other Backward Class, has been rejected only on the ground that she is not a domicile of the State of Uttarakhand. In India, there is no concept of domicile of a citizen of India in any of the States of India. Prima facie, therefore, it appears that there is a possibility of the appellant succeeding in the writ petition. Appellant has succeeded as an Other Backward Class candidate in the examination held for admission into Medical Colleges. The counselling process for such admission has commenced from 12th July, 2011 and would end on 16th July, 2011. In such circumstances, holding out that the balance of convenience and inconvenience is in favour of an interim order, appellant applied in the writ petition filed by her seeking a mandamus 2 directing issuance of a certificate acknowledging that the appellant belongs to Other Backward Class community for interim protection. That has not been granted by the judgment and order under appeal and hence the appellant is before us. We think that the balance of convenience and inconvenience too is in favour of grant of an interim order. 2. We, accordingly, allow the appeal and thereby modify the order under appeal by directing that the appellant shall be entitled to participate in the counselling process on the strength of this order as a candidate belonging to Other Backward Class but the outcome of such counselling shall not be given effect to until further orders to be passed in the writ petition filed by the appellant. 3. The appeal is disposed of. Let a copy of this order be handed over to the learned counsel for the appellant today. (Servesh Kumar Gupta, J.) ( Barin Ghosh, C.J.) 15.07.2011 15.07.2011 P. Singh