Freedom fighter Grand children quota benefit upon migration
I have been a resident of various states owing to various reasons and have certain queries on the concept of ‘domicile’/’Bonafide Residence’.
“I was born in Himachal Pradesh. My family migrated to Haryana later and I completed all my education (till graduation from Haryana and also obtained Domicile of Haryana certificate meanwhile. My maternal Grandfather (nana) was declared freedom fighter by the state of Himachal Pradesh. As per law and interpretation of various judgments, as a maternal grand-son of a freedom fighter, I am eligible to take Freedom fighter Quota benefit for Himachal Pradesh state services.”
Basis the above points related to my historical background, request your interpretation and clarification on the following:
1. Do I need to renounce my Domicile of Haryana, and obtain a Domicile certificate from Himachal government to avail this benefit (as per law, holding Domicile of 2 states at the same time is illegal)? If so, what is the process of the doing the same?
2. Secondly, ‘domicile’ as a concept is interpreted in terms of the country and not any specific state. This has been highlighted by various court judgments in the past. This translates to – “Domicile of a person remains the same irrespective of state he/ she resides in. Only issuing authority might be some state government.” If this is the law, then can’t I avail the quota benefit even while retaining my Haryana domicile certificate as this benefit arises out of my being related to a freedom fighter and not being a resident of any particular state?
3. Further, this might not be compared to SC/ ST/ OBC quota as the definition of these differ from state to state. A freedom fighter, though declared so by a state government, remains a freedom fighter for the country. Hence, his/ her heirs should be able to avail related benefits irrespective of their current state of residence or at least he/she should be able to get this benefit in the state of his/her choice.