ORDER

1. IN THE YEAR 1997, THE STATE OF JAMMU AND KASHMIR ISSUED A NOTIFICATION INVITING APPLICATIONS FOR APPOINTMENT TO VARIOUS POSTS INCLUDING TECHNICIAN GRADE III IN THE POWER AND DEVELOPMENT DEPARTMENT. THE VACANCIES IN VARIOUS DISTRICTS WERE ASSESSED AND THE RECRUITMENT WAS MADE ON DISTRICT WISE BASIS. THE NOTIFICATION CONTAINED A NOTE TO THE EFFECT THAT NO APPLICATION SHALL BE ENTERTAINED IN DISTRICT CADRE POSTS FROM THE CANDIDATES BELONGING TO OTHER DISTRICTS OR WHO POSSESS AMBIGUOUS PERMANENT RESIDENCE CERTIFICATES. THE SELECTION WAS MADE ON A DISTRICT WISE BASIS AND CANDIDATES WERE SELECTED AND APPOINTED ACCORDINGLY.

2. THE RESPONDENTS HEREIN CHALLENGED THE SELECTION OF TECHNICIAN GRADE M ON VARIOUS GROUNDS. ONE OF THE GROUNDS URGED BY THE RESPONDENTS WAS THAT THE SELECTION SHOULD HAVE BEEN MADE ON A STATE WISE BASIS AND ANY RESTRICTION TO MAKE THE APPLICATION TO ANOTHER DISTRICT WAS VIOLATIVE OF CONSTITUTIONAL PROVISIONS AND THIS PLEA RAISED BY THE RESPONDENTS WAS ACCEPTED BY THE LEARNED SINGLE JUDGE AND THE LEARNED SINGLE JUDGE WAS PLEASED TO DIRECT THAT THE PETITIONERS BE GIVEN APPOINTMENT TO THE REMAINING VACANCIES. THIS WAS CHALLENGED BY THE STATE IN THE LETTERS PATENT