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2025 DIGILAW 135 (JK)

Ramandeep Kour, W/o S. Gurmeet Singh v. Union Territory of J&K through Commissioner Secretary Department of Youth, Services & Sports, Civil Secretariat, Jammu/Srinagar

2025-03-17

PUNEET GUPTA, SANJEEV KUMAR

body2025
ORDER CM No.205/2025 The instant application has been filed by the applicant/appellant seeking condonation of delay of 64 days’ in filing the appeal. For the reasons mentioned in the application, coupled with the submissions made at Bar, same is allowed. Delay of 64 days’ in filing the appeal is condoned. Application is, accordingly, disposed of. LPA No.4/2025 01. This intra-court appeal filed by the appellant under Clause 12 of Letters Patent Appeal is directed against the order and judgment dated 14.08.2024 passed by the learned Single Judge of this Court [in WP (C) No. 2121/2019] whereby the writ Court has dismissed the petition filed by the appellant challenging the selection and engagement of respondent No.5 as Rehbar-e-Khel in Education Zone, Miran Sahib. The impugned judgment is called in question by the appellant primarily on the ground that the writ Court has not appreciated that at the time of issuance of notification, the respondent No.5 was actually residing in Krishna Nagar, Jammu which fact was fully substantiated by the Permanent Resident Certificate issued in his favour by the Additional Deputy Commissioner, Jammu. 02. With a view to appreciate the argument raised by the learned counsel for the appellant, we need to first advert to the advertisement notification in question. The office of District Youth, Service & Sports Officer Jammu, issued Advertisement Notice No. 01 of 2017 inviting applications from eligible candidates for engagement of Rehbar-e-Khel in the Department of Youth, Service and Sports on zone basis within Jammu District. Seven such posts were notified for Zone Miran Sahib and the eligibility qualification prescribed was as under:- “The candidate to be engaged as Rehbar-e-khel should be permanent resident of Jammu and Kashmir State and hailing from a concerned Physical Education Zone of District Jammu. The appellant as well as respondent No.5 along with few others submitted their applications and sought consideration against the seven posts notified for selection in Miran Sahib Zone. The respondent No.5, on the basis of his merit figured at serial No. 6 of the select list whereas the petitioner figured at serial No. 1 in the wait list. 03. The appellant, feeling aggrieved of his exclusion from the selection zone and inclusion of the respondent No. 5 in the select list at serial No. 6, filed WP (C) No.2121 of 2019. 03. The appellant, feeling aggrieved of his exclusion from the selection zone and inclusion of the respondent No. 5 in the select list at serial No. 6, filed WP (C) No.2121 of 2019. The selection and engagement of respondent No.5 as Rehbar-e-khel against one of the posts notified for Miran Sahib zone was assailed by the appellant on the ground that the respondent No.5 was not actually and physically residing anywhere in Miran Sahib Zone and was rather residing at Krishna Nagar, Jammu. To substantiate her ground of challenge, the appellant placed reliance upon the Permanent Resident Certificate issued in favour of respondent No.5 by the Additional Deputy Commissioner, Jammu. In the PRC issued by the Additional Deputy Commissioner, Jammu, the address of the respondent No.5 is indicated as resident of Mirpur A/p Krishna Nagar, Jammu. To counter the allegation of the appellant, respondent No.5 placed before the writ Court, the bona fide resident certificate issued by Tehsildar Miran Sahib, copy of Aadhar Card, Ration Card and Voter list. The official respondents, upon verification, found all those documents genuine. It is on the basis of these documents respondent No. 5 claimed that he was a Permanent Resident of Village Dinday Kala, Tehsil R.S. Pura, District Jammu, which village falls under the Physical Education Zone, Miran Sahib. 04. The writ Court considered the rival contentions and the material on record and came to the conclusion that the respondent No.5 met the twin eligibility conditions that is ‘he was the Permanent Resident of State of Jammu and Kashmir’ (now the Union Territory of Jammu and Kashmir) and was also possessed of ‘bona-fide resident certificate’ issued by Tehsildar R.S. Pura. The writ Court, therefore, ruled in favour of respondents and, as a result, dismissed the petition filed by the appellant. 05. We have given our thoughtful consideration to the rival contentions and have gone through the judgment passed by the writ Court. We are of the considered opinion that the judgment passed by the writ Court is perfectly legal and does not call for any interference by us in this appeal. 06. Indisputably, the eligibility prescribed in advertisement notification in question is that a person should be permanent resident of J&K State and hailing from the concerned Physical Education Zone of District Jammu. 06. Indisputably, the eligibility prescribed in advertisement notification in question is that a person should be permanent resident of J&K State and hailing from the concerned Physical Education Zone of District Jammu. The eligibility requirement is not that a person eligible to be engaged as Rehbar-e- Khel must be actually and physically residing in the Physical Education Zone concerned but the requirement is that such person must be hailing from the concerned Physical Education Zone. The word ‘hailing’ has a different denotation and connotation and would only mean that a person must belong to that area. The documents on record produced by the respondent No.5 and the verification conducted by the official respondents clearly shows that though the Permanent Resident Certificate issued in favour of respondent No.5 indicates his residence at the time of issuance of Permanent Resident Certificate at Krishna Nagar, Jammu yet there was enough evidence to conclude that the respondent No.5 belonged to a village falling in Physical Education Zone, Miran Sahib, Jammu and therefore, eligible to be engaged as Rehbar-e-khel in the concerned Zone. The writ Court has examined all the documents placed on record and rightly concluded that there is enough evidence on record to show that respondent No. 5 was not only Permanent Resident of State of Jammu and Kashmir but was also hailing from Physical Education Zone, Miran Sahib. That being the clear position emerging from the record, we are unable to accede to the argument of learned counsel for the appellant. 07. For all these reasons, we do not find any merit in the appeal and same is, accordingly, dismissed