Summarize the following court judgment. Appeal No. 62 of 1990. From the Judgment and Order dated 2.12.1989 of the Allahabad High Court in C.M.Appn. No. 17984 (W) of 1989 in W.P. No. 5400 of 1989. Mukul Mudgal for the Appellant. Anil Dev Singh	 G.L. Sanghi	 Mrs. Shobha Dikshit	 E.C. Agrawala	 Atul Sharma and V.K. Pandita for the Respondents. The Judgment of the Court was delivered by THOMMEN	 J. This appeal by special leave is against the Order of the Allahabad High Court	 Lucknow Bench	 in C.M. Application No. 17984 (W) of 1989 in Writ Petition No. 5400 of 1989. The application for clarification and modification of the judgment in the Writ Petition was filed in the High Court by the appellant	 though not a party to that proceed ing	 on the ground that he was adversely affected by it. The appellant was nominated by the State of Himachal Pradesh to undergo the B.D.S. course in the State of Uttar Pradesh. The appellant successfully completed his course of studies in Uttar Pradesh and secured the B.D.S. degree. For that purpose he had stayed in that State for over a period of five years. He later applied for admission to 671 the M.D.S. course at King George Medical College	 Lucknow. He secured admission to the course	 but in a subject other than that of his choice. The subject of his choice was Oral Surgery	 but what was offered to him was Periodontics. The reason for denying the appellant the subject of his choice was that he had to step down in favour of others who had come within the rule of preference as per the Notification dated August 19	 1983 issued under section 28(5) of the U.P. State Universities Act	 1974 (U.P. Act No. 29 of 1974) providing for reservation of seats and prescribing a resi dence qualification for selection to the M.D.S. course. By the impugned order	 the High Court rejected the appellant 'S prayer for clarification and modification of its judgment in Writ Petition No. 5400 of 1989 and held that that judgment was rendered in accordance with the principle laid down in its earlier decision in Writ Petition No. 5325 of 1988 where the residence qualification prescribed by the Notification was so construed as to be applicable only to a person who was a resident in the State of Uttar Pradesh for reasons other than that of merely completing a course of studies. In other words	 the High Court refused to accept the appellant 's contention that the residence qualification should be so construed as to entitle to admission a person	 like the appellant	 who had come from outside the State strictly and solely for the purpose of undergoing a course of studies and returning to his own State upon completion of the course. The High Court held that residence strictly for studies without more did not bring a person within the ambit of the Notification. This is what the High Court stated in its judgment in Writ Petition No. 5400 of 1989	 clarifica tion of which was sought by the appellant: "In other words those candidates who joined B.D.S. Course on the basis of nominations made by the Central Government or their own State and were not bona fide residents of the State of Uttar Pradesh prior to joining the B.D.S. Course will not be treated to be bona fide residents of Uttar Pradesh merely because they have stayed in the State of Uttar Pradesh for five years or more for completion of the B.D.S. Course or housemanship." The appellant does not challenge the validity of the notified provisions. The sole question which arises for consideration is as regards the construction of clause 4 of the said Notification. Before reading that clause	 it may be noticed that clause 1 of the Notification provides for reservation of seats in favour of candidates belonging to the 672 categories specified therein. Clause 2 then provides: "2. The remaining seats shall be filled up on the basis of merit by the candidates who have passed the B.D.S. examina tion from the K.G. Medical College	 Lucknow	 obtaining a minimum of 55% marks in the aggregate and who are bona fide residents of Uttar Pradesh. (emphasis supplied) The High Court notices that clause 2 stipulates two conditions	 namely (i) institutional; and (ii) residential. The High Court observes that the appellant satisfies the first requirement the institutional	 but does not fulfill the second requirement	 namely	 bona fide residence. A bona fide resident is one who comes within the meaning of that expression in clause 4	 which reads: "4. For the purpose of this order the expression 'bona fide resident of Uttar Pradesh ' shall mean (a) a citizen of India	 the domicile of whose father is in Uttar Pradesh and who himself is domiciled in Uttar Pradesh; or (b) a citizen of India	 the domicile of whose father was not in Uttar Pradesh but who himself has resided in Uttar Pra desh for not less than five years at the time of making the application." (emphasis supplied) It is not disputed that the appellant is a citizen of India and is domiciled in India. The question is whether he is a 'bona fide resident of Uttar Pradesh '. The contention of the appellant before the High Court was that he had stayed in the State of Uttar Pradesh for more than five years for the purpose of completing his studies and was	 therefore	 fully qualified as a bona fide resident of that State. The High Court found that residence merely for the purpose of studies would not satisfy the requirement of clause 4. The appellant was nominated by the State of Himachal Pradesh to undergo a course of studies in the State of Uttar Pradesh and he stayed in Uttar Pradesh for over five years solely for that purpose. There is no evidence that he had any other object for staying for that length of time	 as he did	 in Uttar Pradesh. There is no evidence that 673 he had any intention of indefinitely residing in that State. A person is treated as a 'bona fide resident of Uttar Pradesh ' in terms of sub clauses (a) and (b) of Clause 4 by reason of either his 'domicile ' or 'residence ' in that State. While sub clause (a) speaks of the domicile of the candidate and his father	 sub clause (b) speaks of a person	 whose father was not domiciled in the State and who himself has resided for not less than five years in the State. The concept of 'domicile ' is irrelevant to the construction of sub clause (b) in respect of the residence qualification of the candidate. All that it requires is his requisite resi dence. Domicile which is a private international law or con flict of laws concept identifies a person	 in cases having a foreign element	 with a territory subject to a single system of law	 which is regarded as his personal law. A person is domiciled in the country in which he is considered to have his permanent home. His domicile is of the whole country	 being governed by common rules of law	 and not confined to a part of it. No one can be without a domicile and no one can have two domiciles. A domicile of origin is attributed to every person at birth by operation of law. This domicile is not decided by his place of birth	 or by the place of residence of his father or mother	 but by the domicile of the appropriate parent at the time of his birth	 according as he is legiti mate or illegitimate. It is possible for the domicile of origin to be "transmitted through several generations no member of which has ever resided for any length of time in the country of the domicile of origin." (See Dicey & Morris	 The Conflict of Laws	 10th ed. I	 Rule 9	 p. 108). The domicile of origin continues until he acquires a domicile of choice in another country. Upon abandonment of a domicile of choice	 he may acquire a new domicile of choice	 or his domicile of origin	 which remained in abeyance	 revives. The burden of proving a change of domicile is on him who asserts it. The domicile of origin is more tenacious. "Its character is more enduring	 its hold stronger and less easily shaken off." Per Lord Macnaghten	 Winans vs A.G.	 	 290. The burden of proving that a domicile of origin is abandoned is needed much heavier than in the case of a domicile of choice. No domicile of choice can be acquired by entering a country illegally. The domicile of choice is a combination of residence and intention. Residence which is a physical fact means "bodily presence as an 674 inhabitant" (Re Newcomb	 ; (1908). See Dicey	 op. Such residence must be combined with intention to reside permanently or for an unlimited time in a country. It is such intention coupled with residence that acquires him a new domicile. It is immaterial for this purpose that the residence is for a short duration	 provided it is coupled with the requisite state of the mind	 namely the intention to reside there permanently. "If a man intends to return to the land of his birth upon a clearly foreseen and reasonably anticipated contingency"	 Re Fuld 's Estate (No. 3) 1968 (P) 675. such as	 the end of his studies	 he lacks the intention required by law. His "tastes	 habits	 conduct	 actions	 ambitions	 health	 hopes	 and projects" Casdagli vs Casdagli	 	 178 are keys to his intention. "That place is properly the domicile of a person in which he has voluntarily fixed the habitation of himself and his family	 not for a mere special and temporary pur pose	 but with a present intention of making it his perma nent home	 unless and until something (which is unexpected or the happening of which is uncertain) shall occur to induce him to adopt some other permanent home". Lord vs Colvin	 [1859] 4 Drew 366 at 376. We must	 in this connection	 hasten to add that 'domi cile '	 being a private international law concept	 is inappo site to the relevant provisions	 having no foreign element	 i.e.	 having no contact with any system of law other than Indian	 unless that expression is understood in a less technical sense (see observations to this effect in Dr. Pradeep Jain and Others etc. vs Union of India and Others etc. 	 [1984] 3 SCC 654. 666 669). An expression which has acquired a special and technical connotation	 and developed as a rule of choice or connecting factor amongst the compet ing diverse legal systems as to the choice of law or forum	 is	 when employed out of context	 in situations having no contact with any foreign system of law	 apt to cloud the intended import of the statutory instrument. When a person is referred to as domiciled in a country	 the expression 'country ' is used in private international law as a term of art denoting	 in the words of dicey	 "the whole of a territory subject under one sovereign to one body of law". See Dicey & Morris	 The Conflict of Laws	 Vol. 1	 page 24. But in a federation like the United States	 Austra lia	 or Canada	 or in a composite State like the United Kingdom	 different systems of law may prevail in different regions in respect of certain matters. In such cases	 each of the territories governed by a separate system of law is treated	 for the purpose of private international law	 as a 'country '	 though in public international law or 675 constitutional law it is not a separate sovereign State. As stated by Halsbury	 "in federal states	 some branches of law are within the competence of the federal authorities and for these purposes the whole federation will be subject to a single system of law	 and an individual may be spoken of as domiciled in the federation as a whole; other branches of law are within the competence of the states or provinces of the federation	 and the individual will be domiciled in one state or province only". Halsbury 's Laws of England Vol. 8	 para 422; See D.P. Joshi vs The state of Madhya Bharat and Another	 15. This is	 however	 not the position in India. Though a Union of States	 and a federation in that sense	 the whole country is governed by a single unified system of law	 with a unified system of judicial administration	 notwithstanding the constitutional distribution of legislative powers be tween the Centre and the States. There is no State wise domicile within the territory of India. A man who is domi ciled in India is domiciled in every State in India and is identified with a territorial system of legal rules pervad ing throughout the country. He is 'domiciled ' in the whole of this country	 even though his permanent home may be located in a particular spot within it. Udny vs Udny	 [1869] LR 1 Sc & Div 441	 H.L.; Bell vs Kennedy	 i18681 LR 1 Sc & Div 307	 H.L. The expression	 as understood in private international law	 makes no sense in the context of Clause 4	 for Indian domicile cannot be limited to any particular State within India. The full import of 'domicile ' is	 there fore	 inapplicable to the construction of clause 4. We would in this connection recall the words of this Court in Dr. Pradeep Jain & Ors. vs Union of India & Ors. 	 [1984] 3 SCC 654 at 668	 See also D.P. Joshi vs The State of Madhya Bharat and Another	 ; "It would be absurd to suggest that the legal system varies from State to State or that the legal system of a State is different from the legal system of the Union of India	 merely because with respect to the subjects within their legislative competence	 the States have power to make laws. The concept of 'domicile ' has no relevance to the applica bility of municipal laws	 whether made by the Union of India or by the States. It would not	 therefore	 in our opinion be right to say that a citizen of India is domiciled in one State or another forming part of the Union of India. The domicile which he has is only one domicile	 namely	 domicile in the territory of India." 676 'Domicile ' for the purpose of clause 4 must	 neverthe less	 be understood and applied in a limited sense and in contradistinction to 'residence '	 for that clause uses both the expressions and demands compliance with either of them with reference to the State of Uttar Pradesh. Unlike 'resi dence ' which is only bodily presence	 'domicile ' in this context must necessarily mean physical residence coupled with the intention to settle down in Uttar Pradesh	 al though	 being confined to a particular region rather than the whole area of operation of the territorial legal system and lacking in any foreign complexion or unconcerned with any foreign element	 the animus manendi required for the purpose of clause 4 is much less in quality and contents than what is required in Private International Law. Sub clause (a) of Clause 4 prescribes no minimum length of residence or minimum degree of intention	 and	 however short or insignificant the two elements may be	 their combination	 in whatever proportion	 is sufficient to constitute 'domi cile ' for the purpose of clause 4(a). In the present case	 the appellant came to the State of Uttar Pradesh with a predetermined mind	 namely	 to complete the chosen course of studies and return to the State which had nominated him for the purpose. Having regard to the time and duration	 the object and obligation	 and the uncontro verted facts	 the appellant was undoubtedly a bona fide student who resided in Uttar Pradesh for over five years	 but whose residence did not acquire the attributes of 'domicile ' within the meaning of clause 4(a). The question then is whether the appellant is a 'bona fide resident of Uttar Pradesh ' within the meaning of clause 4(b). Residence is a physical fact. No volition is needed to establish it. Unlike in the case of a domicile of choice	 animus manendi is not an essential requirement of residence. Any period of physical presence	 however short	 may consti tute residence provided it is not transitory	 fleeting or casual. Intention is not relevant to prove the physical fact of residence except to the extent of showing that it is not a mere fleeting or transitory existence To insist on an element of volition is to confuse the features of 'resi dence ' with those of 'domicile '. For an interesting discus sion on The Meaning of Residence	 see J.D. McClean	 Interna tional & Comparative Law Quarterly [1962] Vol. II PP. 1153 et seq. A person is ordinarily resident in a country if his residence there is not casual or uncertain	 but is in the ordinary course of his life. Per Viscount Cave	 Commissioner of Inland Revenue vs Lysaght	 ; Levene vs Commissioners of Inland Revenue; 	 677 at p. 222. A man may be ordinarily resident or habitually resident m more than one place. While 'ordinary residence ' is the physical residence in regard to which intention is irrelevant	 except to show that the residence is not merely fleeting	 'habitual residence ' may denote a quality of endurance longer than ordinary residence	 although duration	 past or prospective	 is only one of the many relevant fac tors	 and there is no requirement of any particular minimum period. See Dicey & Morris; The Conflict of Laws	 10th ed.	 PP. 145 & 200 202. See also Cheshire & North; Private International Law	 11th ed.	 PP. 171173; Halsbury 's Laws of England	 4th ed.	 Vol. 18 330. In Reg vs Barnet L.B.C.	 Ex p. Shah	 	 the House of Lords held that a person was ordinarily resi dent in the United Kingdom	 if he normally resided lawfully in that country from choice and for a settled purpose. If a person resided there for the specific and limited purpose of education	 he was ordinarily resident in that country	 even if his permanent residence or real home was outside that country or his future intention or expectation was to live outside that country. Residence must be voluntary. "Enforced presence by reason of kidnaping or imprisonment	 or a Robins 'on Crusoe existence on a desert island with no opportunity of escape	 may be so overwhelming a factor as to negative the will to be where one is". Per Lord Scarman	 Reg vs Barnet L.B.C.	 exhibit p. Shah	 at 344. Education	 business	 profession	 employment	 health	 family	 or merely love of the place are some of the reasons commonly regarded as sufficient for a choice of regular abode. It is only lawful residence that can be taken into account. If a man stays in a country in breach of immigration laws	 his presence there does not constitute ordinary residence. While residence and intention are the two essential elements constituting the 'domicile of choice ' residence in its own right is a connecting factor in a national legal system for purposes of taxation	 jurisdiction	 service of summons	 voting etc. To read into residence volition as a necessary element is	 as stated above	 to mistake residence for domicile of choice	 and that is the error which the High Court appears to have committed. Where residence is pre scribed within a unified legal system as a qualifying condi tion	 it is essential that the expression is so understood as to have the widest room for the full enjoyment of the right of equality before the law. Any construction which works to the disadvantage of the citizen lawfully seeking legitimate avenues of progress within the country will be out of harmony 678 with the guaranteed rights under the Constitution	 and such a construction must necessarily be avoided. Clause 2	 which we have set out above	 refers to a 'bonafide ' resident and such a person is defined under clause 4 to include a person who has resided in Uttar Pra desh for not less than five years at the time of making his application. These two clauses indicate that a person should have resided in Uttar Pradesh for the requisite period lawfully and bona.fide. The converse of bona.fide being mala fide	 meaning lack of good faith	 in the absence of any allegation that the appellant 's residence in that State was in any manner opposed to the law of the land	 or tainted by lack of good faith	 and in the light of the undisputed fact that his residence was neither casual nor fleeting	 but in excess of the minimum period of five years	 and for the definite purpose of education	 he satisfies the definition of a 'bonafide resident '. Any other construction of the clauses would	 in our view	 be unreasonably restrictive and thus conflict with the appellant 's constitutional rights. Viewed in this light	 we have no doubt that the con struction placed by the High Court upon sub clause (b) of clause 4 of the Notification is unsustainable. In our opin ion	 a person	 such as the appellant	 who resided in the State of Uttar Pradesh specifically for the purpose of undergoing a course of studies for not less than five years	 albeit with the intention of finally returning to his home State	 also comes within the meaning of the expression 'bona fide resident ' as defined in the said clause. In the circumstances	 we set aside the impugned order of the High Court	 and allow the appeal with the costs of the appellant here and in the High Court. N.V.K. Appeal allowed.

The appellant who was nominated by the State of Himachal Pradesh to undergo the B.D.S. course in the State of Uttar Pradesh	 successfully completed his course and secured the B.D.S. degree. For this purpose he had stayed in that State for over a period of five years. Later	 he applied for admission to the M.D.S. course at King George Medical Col lege	 Lucknow and the subject of his choice was Oral Sur gery. He secured admission but the subject 'that was offered to him was Periodontics. The reason for denying the appellant the subject of his choice	 viz. Oral Surgery; was that he had to step down in favour of others who had come within the rule of preference provided for in the Notification dated August 19	 1983. issued under Section 28(5) of the U.P. State Universities Act	 1974	 providing for reservation of seats	 and prescrib ing a residence qualification for selection to the M.D.S. course. The High Court in its judgment in Writ Petition No. 5400 of 1989 following an earlier decision of the Court held that those candidates who joined B.D.S. course on the basis of nominations made by the 667 Central Government or their own State will not be treated to be bona fide residents of Uttar Pradesh merely because they have stayed in the State for five years for completion of the course. The appellant who was not a party to the proceedings in the writ petition applied for clarification and modification on the said judgment as it had adversely affected him. The High Court rejected the application	 holding that clause 2 of Notification stipulates two conditions viz: (i) institu tional and (ii) residential: and that the appellant satis fies the first requirement	 namely	 institutional but does not fulfill the second requirement	 viz 'bona fide resident '; that a 'bona fide resident ' is one who comes within the meaning of that expression in clause 4 of this Notification	 and that residence merely for the purpose of studies would not satisfy the requirement of clause 4. In the appeal to this Court on the question: Whether the appellant was a 'bona fide resident of Uttar Pradesh ' within the meaning of clause (b) of the Notification dated August 19	 1983. Allowing the appeal	 and setting aside the order of the High Court	 this Court	 HELD: 1. A person is treated as a 'bona fide resident of Uttar Pradesh ' in terms of sub clauses (a) and (b) of Clause 4 by reason of either his 'domicile ' or 'residence ' in that State. While sub clause (a) speaks of the domicile of the candidate and his father	 sub clause (b) speaks of a person	 whose father was not domiciled in the State and who himself has resided for not less than five years in the State. The concept of domicile is irrelevant to the construction of sub clause (b) in respect of the residence qualification of the candidate. All that it requires is his requisite resi dence. [673A B] 2. Clauses 2 and 4 indicate that a person should have resided in Uttar Pradesh for the requisite period lawfully and bona fide. The convers of bona fide being mala fide	 meaning lack of good faith	 in the absence of any allegation that the appellant 's residence in that State was in any manner opposed to the law of the land	 or tainted by lack of good faith	 and in the light of the undisputed fact that his residence was neither casual nor fleeting	 but in excess of the minimum period of five years	 and for the definite purpose of education	 he satisfies the definition of a ' bona fide resident. ' [678B C] 3. The construction placed by the High Court upon sub clause (b) 668 of clause 4 of the Notification is unsustainable. A person such as the appellant who resided in the State of Uttar Pradesh specifically for the purpose of undergoing a course of studies for not less than five years albeit with the intention of finally returning to his home State	 also comes within the meaning of the expression 'bona fide resident ' as defined in the said clause. [678D E] 4. Domicile which is a private international law or conflict of laws concept identifies a person	 in cases having a foreign element	 with a territory subject to a single system of law	 which is regarded as his personal law. [673B C] 5. A person is domiciled in the country in which he is considered to have his permanent home. His domicile is of the whole country	 being governed by common rules of law	 and not confined to a part of it. No one can be without a domicile and no one can have two domiciles. [673C D] Re Fuld 's Estate (No. 3) 1968 (P) 675; Casdagli vs Casdagli. 	 178 and Dicey & Morris	 The Con flict of Laws	 Vol. I page 24	 referred to. Domicile being a private international law concept	 is inapposite to the relevant provisions	 having no foreign element i.e. having no contact with any system of law other than Indian. unless that expression is understood in a less technical sense. [674D E] Dr. Pradeep Jain and Others etc. vs Union of India & Others etc. 	 [1984] 3 SCC 654	 666 669	 referred to. An expression which has acquired a special and tech nical connotation and developed as a rule of choice or connecting factor amongst the competing diverse legal system as to the choice of law of forum is	 when employed out of context	 in situations having no contact with any foreign system of law. apt to cloud the intended import of the statutory instrument. [674E F] 8. India though a Union of States	 and a federation in that sense	 the whole country is governed by a single uni fied system of law	 with a unified system of judicial admin istration	 notwithstanding the constitutional distribution of legislative powers between the Centre and the States. 1675B C] 9. There is no State wise domicile within the territory of India. A 669 man who is domiciled in India is domiciled in every State in India and is identified with a territorial system of legal rules pervading throughout the country. He is domiciled in the whole of this country even though his permanent home may be located in a particular spot within it. [675C D] Halsbury 's Laws of England	 vol. 8 para 422; D.P. Joshi vs The State of Madhya Bharat and Another	 ; ; Udny vs Udny	 [1869] LR 1 Sc & Div 441	 H.L.; Bell vs Kennedy	 [1868] LR 1 Sc & Div 307	 H.L. and D.P. Joshi vs The State of Madhya Bharat and Another	 ; 	 referred to. Education	 business	 profession	 employment	 health	 family or merely love of the place are some of the reasons commonly regarded as sufficient for a choice of regular abode. It is only lawful residence that can be taken into account. If a man stays in a country in breach of immigra tion laws. his presence there does not constitute ordinary residence. [677E F] 11. Residence is a physical fact. No volition is needed to establish it. Unlike in the case of a domicile of choice	 animus manendi is not an essential requirement of residence. Any period of physical presence	 however short	 may consti tute residence provided it is not transitory	 fleeting or casual. Intention is not relevant to prove the physical fact of residence except to the extent of showing that it is not a mere fleeting or transitory existence. To insist on an element of volition is to confuse the feature of 'residence ' with those of 'domicile '. [676E F] 12. A person is ordinarily resident in a country if his residence there is not casual or uncertain	 but is in the ordinary course of his life. A man may be ordinarily resi dent or habitually resident in more than one place. While 'ordinary residence ' is the physical residence in regard to which intention is irrelevant	 except to show that the residence is not merely fleeting	 'habitual residence ' may denote a quality of endurance longer than ordinary resi dence	 although duration	 past or prospective	 is only one of the many relevant factors	 and there is no requirement of any particular minimum period. [676H; 677A B] 13. While residence and intention are the two essential elements constituting the 'domicile of choice '	 residence in its own right is a connecting factor in a national legal system for purposes of taxation	 jurisdiction	 service of summons	 voting etc. To read into residence volition as a necessary element is to mistake residence for domicile of choice. [677F] 670 14. Where residence is prescribed within a unified legal system as a qualifying condition	 it is essential that the expression is so understood as to have the widest room for the full enjoyment of the right of equality before the law. Any construction which works to the disadvantage of the citizen lawfully seeking legitimate avenues of progress within the country will be out of harmony within the guaran teed rights under the Constitution	 and such a construction must necessarily he avoided. [677G H; 678A] J.D. McClean	 International & Comparative Law Quarterly	 [1962] Vol. II pp. 1153 et seq; Commissioner of Inland Revenue vs Lysaght	 ; Levene vs Commissioner of Inland Revenu	 ; at p. 222 and Dicey & Morris; The Conflict of Laws	 10th ed.	 pp. 143 145 & 200 202. Cheshire & North; Private International Law	 11th ed.	 pp. 171 173 and Halsbury 's Laws of England	 4th ed.	 vol. 318 330	 referred to.