JUDGMENT : Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Mr. Mangal Singh Chauhan, Advocate, present for the petitioner. 2. Mr. N.P.Shah, Standing Counsel, present for the State/respondent nos. 1 to 5. 3. The Petitioner qualification is M.A and B.Ed and she is presently permanent resident of Tehri Garhwal in Uttarakhand. Admittedly she is married to a person who resides outside the State of Uttarakhand i.e. in Uttar Pradesh. 4. All the same, according to the petitioner, she was born and brought up in Uttarakhand. Her entire education was also done in Uttarkhand and she also has a permanent resident certificate issued by the competent authority in Uttarakhand. 5. She applied for the post of Lecturer (Hindi), as a Visiting Teacher and subsequently she was selected on the said post, but appointment is not being given to her on a complaint by one Km. Sushma that the petitioner is not a permanent resident of Uttarkhand. Thereafter some kind of inquiry was done by Block Education Officer and it was found that the petitioner was married to a person, who resides outside the Uttarakhand and her permanent residence is doubtful. 6. Prima facie, opinion of this Court is that the Block Education Officer has clearly not applied its mind to the controversy before him. The petitioner has a permanent resident certificate. She has been born and brought-up in Uttrakhand. Merely because, she is married to a person in Uttar Pradesh would not take away her rights, particularly, when there is a clear assertions that she resides in Uttarakhand along with her father. Moreover, making “residence” in Uttarakhand, a pre-condition for appointment to any public office would be violative of Article 16 (2) of the Constitution of India. 7. In view thereof, the operation and effect of the impugned order dated 28.11.2015 passed by respondent no.4/Block Education Officer, Jaunpur Thatyur, Tehri Garhwal, shall remain stayed. Provisionally it is directed to the respondents that, in case, the petitioner has been selected and if she is otherwise eligible for the job of “Visiting Lecturer”, let her services be taken in accordance with law. 8. Three weeks time is granted to the respondents to file counter affidavit. 9. List this matter after seven weeks in the daily cause list. 10. Urgency application (IA No.247 of 2016) stands disposed.