1. Appointment of respondents 5, 6 and 7 in the writ petition who now figure as appellants in this Appeal was found to be not in accordance with the law as they had not submitted the certificates indicating that they are residents of Actual Line of Control. What is said by the learned Single Judge in this regard is being reproduced below:-

"Since the respondents 5 to 7 were not possessed of the requisite certificates, therefore, they were not entitled to seek selection against the posts reserved to be filled up by the candidates possessed of Actual Line of Act Control certificate. Thus this stipulation is uncalled for and unsustainable. The selection of respondents 5 to 7 against the posts reserved for IAC category, cannot be maintained as the respondents 5 to 7 were not eligible to seek selection against the said category for the aforesaid reasons. Therefore. the selection of said respondents deserves to be quashed, Consequent thereto appointments made pursuant to the selection also deserves to be quashed.

2. The above respondents, who as indicated above, now figure as appellants have preferred this Appeal under Clause 12 of Letters Patent

3. There can be no dispute with the proposition that a candidate must possess the requisite qualification on the cut off date as indicated in the advertisement notice inviting applications. However, a distinction has to be drawn between the qualifications which are required to be possessed by an applicant by effort and other qualifications which are inherited by a person or which become available to a person on account of his being a resident of a particular area. When a qualification is acquired by effort such as educational qualification, then the same would be deemed to be possessed on the Date it is acquired. The other qualifications such as member of being a Scheduled Caste or Scheduled Tribe category or resident of a backward area is something which is already possessed but is required to be demonstrated by producing the relevant documents. The fact that there is some distinction between the acquired qualifications and qualifications which are inherited is apparent from a Full Bench decision of this Court in LPA 29/1979 titled Stale of Jammu and Kashmir Vs. Dr. Susheela Sawhney and other connected matters decided on 7th Oct. 2002. V.K. Jhanji. J. while dealing with the meaning of word "acquire has made following meaningful observations:-

"The word ˜acquire™ used in Note-III is very significant. According to Concise Oxford Dictionary, New Seventh Edition the word ˜acquire™ means, ˜gain by and for oneself. According to Concise Oxford Dictionary, Tenth Edition, ˜acquire™ means ˜come to possess™, and in Reader™s Digest Universal Dictionary, the word "acquire" means- (i) to gain possession of; (ii) to get, especially by one™s own efforts or qualities.

Use of the word ˜acquire™ in Note-Hi necessarily means a change of relationship vis-a-vis Status of permanent resident of the State, which is said to be acquired for the first time and which was not existing before."

4. I also had an occasion to deal with this aspect of the matter and as to what would be meant by the term ˜acquire™ was commented upon. What was said in this regard is also being reproduced below:-

"The word "acquire™ signifies the obtaining of something as a result of positive act done by the acquirer and would obviously not apply to a case where on account of death, the right devolves on the heirs of The deceased. This word would mean to gain, obtain or get as one™s own by one™s own exertions; gained in contra-distinction to innate or inherit it. This meaning was given to the word ˜acquire™ by a Division Bench of Travacore High Court, Cochin in AIR 1953 Tra-Co. 397. The argument that word ˜acquired™ signifies the obtaining of title as a result of a positive act done by the acquirer, commended to their Lordships of the Division Bench, Murray™s (A New-English Dictionary) was referred to, What is said is being quoted:-

.. The meaning g

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