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2010 DIGILAW 465 (JK)

Vinod Kumar Koul v. State Of J&K

2010-08-20

Aftab H.Saikia, Hakim Imtiyaz Hussain

body2010
Dr. Saikia, CJ. 1. Heard Mr. K.L. Pandita, learned counsel on behalf of the appellant as well as Mr. S.K. Shukla, learned counsel appearing on behalf of respondent no. 3. 2. The instant Letters Patent Appeal witnesses a challenge to the judgment and order dated 8.2.2000 passed by the learned Single Judge in SWP no. 1656/1996 by which the writ petition preferred by the appellant as writ petitioner was dismissed holding that since the selection in question with regard to the appointment to the post of Laboratory Assistant, was available only to the candidates belonging to District Udhampur, the appellant, who belonged to District Anantnag, was rightly held ineligible for the post. 3. The Jammu and Kashmir Services Selection Board published advertisement notice being no. 1 of 1996 dated 29.3.1996, inviting application forms from the permanent residents of the State of Jammu and Kashmir for filling up the vacancies in different posts under State, Divisional and State cadre. Different posts including the Laboratory Assistant, to which the appellant was also an aspirant, was notified for District Udhampur. 4. The appellant being eligible for the post of Laboratory Assistant submitted the application. Pursuant to such application, the appellant though invited to appear in the interview on 9.12.1996, he was not interviewed on the ground that he was not eligible for the post because he belonged to District Anantnag and selection was restricted to District Udhampur only. 5. Such decision on the part of the official respondents has been assailed in the writ petition, primarily on the ground that the official respondents having invited applications from the permanent residents of the State of Jammu and Kashmir, now cannot restrict the selection in question to a particular District. 6. We have extensively heard the arguments advanced by the learned counsel for the parties and also closely perused the impugned judgment as well as the records. 7. The Writ Court found that the post of Laboratory Assistant is a District cadre post and the selection was made only from the candidates belonging to District Udhampur only. The appellant, admittedly, being a resident of District Anantnag, was not eligible for the post available in District Udhampur. 8. It appears from the record that Circular dated 20.5.1993 issued by the Jammu and Kashmir Services Selection Board specifically restricted the District cadre post to the residents of district only. The appellant, admittedly, being a resident of District Anantnag, was not eligible for the post available in District Udhampur. 8. It appears from the record that Circular dated 20.5.1993 issued by the Jammu and Kashmir Services Selection Board specifically restricted the District cadre post to the residents of district only. The Circular reads as under: - "J&K SERVICES SELECTION BOARD SRINAGAR The Board in its 11th meeting on 20.4.93 took the following decision with regard to the Permanent Residence Certificates. Only un-ambiguous Permanent Residence Certificate issued by the competent Revenue authorities of the District to which the posts belong should be accepted in respect of District cadre posts. The PRC’s having statements like `presently living at .........’ should not be taken any cognizance of. Same will hold good for Divisional Cadre posts as well. Sd/- (Gouhar Ahmad) Secretary No: SSB/787-806/93 dated 20.5.1993." 9. It is to be noted that the Permanent Resident Certificate issued by the Additional Deputy Commissioner, Udhampur on 15.2.1994 in favour of the appellant, enclosed with the pleadings, would manifestly reveal that he is the resident of village Kachalgund Verinag under Tehsil Doru in the District of Anantnag, at present Kashmiri Migrant Udhampur. The Permanent Resident Certificate is extracted herein:- "Government of Jammu & Kashmir This is to certify that Vinod Kumar Son of Mohan Lal Koul resident of village Kachalgund Verinag Tehsil Doru District Anantnag at present Kashmiri Migrant Udhampur is a permanent resident of Jammu and Kashmir as defined in the Constitution of Jammu and Kashmir Government. Sd/- 15.2.94 Additional Deputy Commissioner Udhampur" 10. A combined reading of the Circular as well the Permanent Resident Certificate as quoted hereinabove would show that the appellant is a resident of District Anantnag and he is not eligible for the post that belongs to the District of Udhampur. 11. Having considered the facts and circumstances in its entirety, we are of the view that the appellant being a resident of District Anantnag, is not eligible for the post in question available in District Udhampur. That apart, we are also in full agreement with the observations made by the learned Single Judge that the circular as quoted above, restricting the selection to the residents of District only in the case of District cadre post, was not challenged by the appellant. 12. That apart, we are also in full agreement with the observations made by the learned Single Judge that the circular as quoted above, restricting the selection to the residents of District only in the case of District cadre post, was not challenged by the appellant. 12. In view of the above, we do not find any merit in this appeal, accordingly, the same stands dismissed.