IMPORTANT POINT
Administrative instructions cannot override statutory provisions.

JUDGMENT

G. S. Singhvi, J.-Leave granted.

2. In response to an advertisement issued by the Jammu and Kashmir Services Selection Board, Jammu (for short, ‘the Board’) which was published in the newspaper dated 29.3.1996, the appellant applied for the post of Laboratory Assistant, which is a District cadre post. He appeared before the Selection Committee consisting of respondent Nos. 4 to 6 but was not interviewed on the ground that he was not a permanent resident of District Udhampur.

3. The appellant challenged the decision of the Selection Committee in SSWP No.1656 of 1996 not to consider his candidature on the ground of violation of Articles 14 and 16 of the Constitution. The appellant pleaded that he was qualified for the post and fulfilled other conditions. In support of his assertion that he was a permanent resident of District Udhampur, the appellant annexed certificate dated 15.2.1994 issued by Additional Deputy Commissioner, Udhampur.

4. By an interim order dated 31.12.1996, the learned Single Judge of the High Court directed the Selection Committee to interview the appellant but made it clear that his result shall not be declared without the Court’s order.

5. The Board contested the writ petition primarily on the ground that the appellant is not a permanent resident of District Udhampur and that in view of Circular dated 20.5.1993, only an unambiguous permanent residence certificate issued by the competent revenue authorities of the district could be accepted. Similar written statements were filed by the other respondents.

6. After considering the arguments of the counsel for the parties, the learned Single Judge dismissed the writ petition on the premise that the selection was to be made only from the candidates belonging to District Udhampur and being a permanent resident of District Anantnag, the appellant was not entitled to be considered for appointment in District Udhampur. The Division Bench of the High Court agreed with the learned Single Judge and dismissed the appeal preferred by the appellant.

7. We have heard learned counsel for the parties and perused the record. In exercise of the powers conferred upon him under Section 124 of the Constitution of Jammu and Kashmir, the Governor of the State framed the Jammu and Kashmir Subordinate Services Recruitment Rules, 1992 (for short, ‘the Rules’). Rules 3(ii), (v), (vi), (vii), (viii), 12, 13, 14 and 17, which are relevant for deciding the question raised in this appeal, read as under:

“3. Definitions:- In these rules unless the context otherwise requires:

i. xxx xxx

ii. “Board” means the Services Selection Board constituted under these rules;

iii. xxx xxx

iv. xxx xxx

v. “Subordinate Service” means and includes all non-gazetted posts under the Government whether grouped into organized service or not;

vi. “State Cadre” means the sanctioned strength of the non-gazetted posts borne on the establishment of the headquartered offices of the departments having jurisdiction over the whole state but does not include the posts borne on the Divisional and district cadres;

vii. “Divisional Cadre” means the cadre of the department in the Division comprising the following posts:-

a. All non-gazetted posts, the maximum of the pay scale or the pay as the case may be, of which exceeds Rs. 6000 per month, exclusive of all allowances and dearness pay;

b. All non-gazetted posts, the maximum of the pay scale or the pay as the case may be of which does not exceed Rs. 6000 per month, exclusive of all allowances and dearness pay but which are borne on the establishment of offices above the District level; viii. “District cadre” means the cadre of a department in a District comprising all the posts whether executive, ministerial, technical or manipulative maximum of the pay scale or the basic pay of which does not exceed Rs.6000 per month exclusive of all allowances and dearness pay;

12. Procedure of referring vacancies to the Board (1) The Administrative Department concerned shal