1. M/s Mohd. Iqbal, Yash Paul and Mohanwar Ram filed Writ Petition (SWP) No. 1644/2010 questioning the empanelment of Jameela Bano and Zia Ul Rehman for selection as Rehbar-e-taleem against two posts available at UPS Billawat on the ground that not being the residents of Village Billawat, the respondents were not entitled to empanelment for selection. During the pendency of his earlier Writ Petition, petitioner No. 1 Mohd. Iqbal along with Om Singh filed another Writ Petition (SWP) No. 2460/2010 questioning the selection of Ayaz-Ur-Rehman, Fiaz-ul-Rehman, Tanzeel-ul-Rehman, Roquya Banu and Tilak Raj as Rehbar-e-taleem in Primary Schools Billawat, Pouni and Madhani. 2. It was during the pendency of these Petitions that Fiaz-ul-Rehman, Tanzeel-ul-Rehman, Zia-ul-Rehman, Ayaz-Ur-Rehman and Roquya Banu, who were respondents in the above referred Writ Petition, also approached this Court by Writ Petition (OWP) No. 1584/2011 questioning the Deputy Commissioner Ramban's Order whereby their Permanent Residence Certificates were cancelled. It was pleaded by them that the orders passed by the Deputy Commissioner that affected their rights to consideration and continuance as Rehbar-e-taleem were illegal and void having been issued without following the principles of Natural Justice. 3. The central issue that arises for consideration in Writ Petitions SWP Nos. 1644 and 2460 of 2010 is as to whether or not the private respondents therein were actual residents of Village Billawat and entitled to consideration for selection and engagement as Rehbar-e-taleem in the Schools in Village Billawat. The issue projected by the petitioners in Writ Petition (OWP) No. 1584/2011 also centers around the actual residence of the petitioners who are respondents in other Writ Petitions. Considering the nature of the issues raised in these Petitions, primarily, centering around the actual residence of the petitioners in Writ Petition (OWP) No. 1584/2011 and respondents in other Writ Petitions, who are linked to a common ancestor, all these Petitions, were taken up for joint consideration with the consent of learned counsel for the parties. 4. Heard learned counsel for the parties and considered their submissions.
4. Heard learned counsel for the parties and considered their submissions. The Deputy Commissioner Ramban has cancelled the Permanent Residence Certificates issued in favour of Writ Petitioners in OWP No. 1584/2011 relying on Circular No. 101/2746/2010 dated 01.06.2010 of the Divisional Commissioner Jammu whereby all the Tehsildars of Jammu Division were required not to issue any Certificate pertaining to Permanent Residence in favour of anybody on any format whatsoever by adopting procedure which was outside the procedure prescribed under the Jammu and Kashmir Grant of Permanent Resident Certificate (Procedure) Act, 1963. 5. Perusal of the Deputy Commissioner's order reveals that the petitioners, i.e., Fiaz-ul-Rehman, Tanzeel-ul-Rehman, Zia-ul-Rehman, Ayaz-ur-Rehman and Ruquia Bano were not heard before cancellation of their Permanent Residence Certificates. The cancellation of the Permanent Residence Certificates may no., therefore, be sustainable being violative of the principles of Natural Justice, in that, cancellation of the certificates disentitles the petitioners to claim benefits and rights that accrue to them because of being the residents of a particular area, and in that view of the matter, they were required to be heard before cancellation of their Permanent Residence Certificates. However the invalidity of District Magistrate's order may not validate the Certificates issued by Tehsildar Ramban in favour of the petitioners in view of Divisional Commissioner Jammu's Circular dated 01.06.2010 which creates impediment in all Tehsildars of Jammu Division to issue Permanent Residence Certificates. 6. In the circumstances, when no Authority is stated to have been nominated by the State Government to certify the actual residence of those desirous of seeking consideration for engagement and selection as Rehbar-e-taleem and the Authorities empowered to make selection of Rehbar-e-taleem(s) may not be able to determine the question of residence of the candidates desirous of seeking such consideration, in case of any dispute regarding the place of residence of such candidates, for one or the other reasons, it would be appropriate if the issue regarding the residence was settled by the concerned Deputy Commissioners. 7. The issue regarding the actual residence of the petitioners in OWP No. 1584/2011 and the respondents in Writ Petition (SWP) Nos. 1644 and 2460 of 2010, therefore, needs to be determined once for all by a Revenue Authority so that based on such determination, their cases were considered for selection/continuance as Rehbar-e-taleem(s) by the Education Department of the State Government, empowered so to do. 8.
1644 and 2460 of 2010, therefore, needs to be determined once for all by a Revenue Authority so that based on such determination, their cases were considered for selection/continuance as Rehbar-e-taleem(s) by the Education Department of the State Government, empowered so to do. 8. At this stage, learned counsel for the parties submitted that they would be satisfied in case an enquiry was held into the matter by Deputy Commissioner, Ramban himself to determine as to whether or not Fiaz-ul-Rehman, Tanzeelul-Reh-man Zia-ul-Rehman, Ayaz-ur-Rehman and Ruquia Bano were actually residing in Village Billawat or they were the residents of Village Maitra Govindpura or of some other area. Accepting the suggestion of the learned counsel for the parties, all the three Writ Petitions are disposed of by providing that the Deputy Commissioner, Ramban shall hold a detailed enquiry about the actual residence of the petitioners in Writ Petition (OWP) No. 1584/2011. He shall record specific finding as to whether or not the petitioners were actual residents of Village Billawat. However, before doing that, the learned Commissioner shall take into consideration all the material and the evidence that the petitioners in all these Writ Petitions may produce before him to support their respective contentions. Learned Deputy Commissioner may also take into consideration any other material or evidence that he may find necessary to determine the issue. Parties through their learned counsel are directed to appear before the Deputy Commissioner, Ramban on October 30,2012 for further proceedings to be held by the learned Commissioner. The Deputy Commissioner shall ensure that enquiry was completed not later than four months. The empanelment/selection of the respondents in Writ Petitions SWP Nos. 1644 and 2460 of 2010, who are petitioners in Writ Petition OWP No. 1584/2011 as well, and engagement of petitioner No. 3 in Writ Petition OWP No. 1584/2011 shall be considered by the Competent Authority in the Education Department for its decision thereon on the basis of the findings recorded by the learned Deputy Commissioner, Ramban.