Yog Raj vs State

Caveat No.563 of 2016:

With the appearance of Mr. Sudershan Sharma, learned counsel for respondent No.6/caveator, caveat shall stand discharged.

LPASW No.22 of 2016, MP No.01 of 2016

This appeal is directed against the judgment dated 19.02.2016 rendered in SWP No.406 of 2012 titled Yog Raj v. State of J&K and ors.

For filling up of two posts of ReT Teachers in NPS Chhal Katli, applications were invited. Tentative panels were prepared. In one of the

tentative panels, petitioner figured at Sl. No.2 but after objections, the panel has been finalized wherein one-Rita Devi figured at Sl. No.1 who has

been engaged. Her position is not under challenge.

Respondent No.6-Sarita Charak figured at Sl. No.2 against which petitioner has a grievance to the effect that on the last date of submission of

application form, she was residing in revenue village Blater Johra Katli. The last date for submission of applications was 15th day from the date of

advertisement notice which was published on 21.06.2010. The last date for receipt of application was 06.07.2010. The Respondent No.6 had

submitted her application form on 30.06.2010.

She-respondent No. 6 in fact was married to Kumar Singh S/o Major Singh. The Permanent Residence Certificate was issued in her favour on

02.07.2010. The marriage has been solemnized on 29.06.2010 as is clear from the marriage certificate issued by Arya Samaj Janipur Colony,

Jammu. For all purposes, after marriage she has become resident of the village of her husband i.e. the village where school is located.

Learned Writ Court has rightly observed that 15 days for receipt of the application shall reckon from the date of publication of the notice i.e.

21.06.2010 which would mean that the last date of receipt of the applications would be 06.07.2010.

Learned Writ Court has rightly concluded that on the last date for submission of the application form, Respondent No.6 was actually and

physically residing in the village concerned. PRC has been issued in her favour by the competent authority. She being meritorious has been rightly

empanelled.

The position of the solemnization of the marriage of Respondent No.6 as supported by the certificate by Arya Samaj janipur Colony Jammu

dated 29.06.2010 has not been questioned. When it is so, she for all practical purposes had become the resident of the village of her husband.

Even if 15 days time for receipt of application would be reckoned from the issue of date of notice i.e. 15.06.2010, still she has submitted her

application form within time.

When a notification is issued but not published, condition prescribed that the application shall be received within 15 days would mean 15 days

from the date of publication of the notice. In any case, respondent No.6 being eligible and meritorious could not be excluded. The challenge to her

position of not being the resident of the village where school is located is without any basis. In the totality of the facts and circumstances and the

position as projected, we have no reason to take a view contrary to what has been taken by learned Writ court.

The appeal is found to be without merit, as such dismissed along with connected MP.