JUDGMENT The Zonal Education Officer, Devsar, issued Advertisement Notice, whereunder applications/files were invited from the eligible candidates of Revenue Village Lanker Pombay, having academic qualification 10+2 or above for engagement of ReT in M/S Lanker Pombay. One post was notified which had become available due to the retirement of teacher. One of the conditions incorporated in the Advertisement Notice is that besides other certificates, the candidate shall also produce category certificate. It is this condition which is called in question in the petition filed by the petitioner. Learned counsel for the petitioner submitted that in view of the Government order No. 1034-Edu of 2013 dated 26th December, 2013, a person can become eligible for seeking consideration for being selected and engaged as teacher in socially and educationally backward area only when he/she shows that he/she is residing in the area by producing bonafide Permanent Residence Certificate (PRC). Learned counsel further submitted that condition no. 7 in the face of the aforesaid Government Order is illegal and requires to be set-aside. Mr. S.A. Qadiri, learned counsel for the private respondent, produced Xerox copy of Jammu and Civil Services Decentralization and Recruitment (Amendment) Act, 2013 which is taken on record, and submitted that Section 2 of the Amending Act has inserted Act XVI of 2010, sub-Section (4) in Section 13, which is taken note of:- “(4) Notwithstanding anything contained in sub-Section (1), if a woman marries outside her District/Division, the period of residence of 15 years under the said sub-Section (1) shall not operate as a bar for applying to a post provided that her husband has resided in that District/Division, as the case may be, for a period not less than 15 years.” Learned counsel further submitted that petitioner is residing in the village which is admitted by private respondent also in her reply affidavit. The Court in the facts of this case has not to return finding about the period of residence of petitioner. The Court is only to return finding as to whether condition no. 7 of the Advertisement is legal or illegal. In view of the Government Order No. 1034-Edu of 2013 dated 26th December, 2013, for seeking consideration for being selected and engaged as teacher in socially and educationally backward area, the candidate by production of bonafide PRC has only to show that at the time of engagement/appointment he is resident of that area. In view of the Government Order No. 1034-Edu of 2013 dated 26th December, 2013, for seeking consideration for being selected and engaged as teacher in socially and educationally backward area, the candidate by production of bonafide PRC has only to show that at the time of engagement/appointment he is resident of that area. Sub-Section (h) of Section 13 of Act of 2013 also does not advance the cause of private respondent. The condition no. 7 contained in the Advertisement Notice, in view of the aforesaid Government Order is illegal and require to be set-aside. For the above stated reasons this writ petition along with connected I.A.’s is disposed of in the following manner:- i. The condition no.7 in the Advertisement Notice (Annexure-&) of the writ petition which requires for production of category certificate is set-aside. ii. The selection list which is prepared in pursuance to the Advertisement Notice is also set-aside. iii. The official respondents to proceed with the selection process in accordance with the Government orders occupying the field and select/engage the meritorious candidates. iv. However, it requires to be observed that the expression “at the time of engagement/appointment” appearing in the operative part of the Government Order No. 1034-Edu of 2013 dated 26th December, 2013 is not in consonance with the settled legal principle. The candidate has to produce bonafide Permanent Residence Certificate, indicating that he/she is actually residing in the area by or before last cut of date for filing of applications. The expression “at the time of engagement/appointment” besides being not in consonance with the settled legal principle is further bound not only to create confusion in the selection process, but has the potential to generate unnecessary litigation. The respondent no. 1 shall have to advert his attention to this aspect of the matter and issue necessary corrigendum in this behalf. v. Registry to serve copy of this order on respondent no. 1 forthwith. vii. Interim direction, if any, shall stand vacated.