1. The Reference to the Full Bench is :

“Whether the daughter of a permanent resident of the state of Jammu & Kashmir marrying a Non Permanent resident loses her status as a permanent resident of the State of Jammu & Kashmir, to hold , inherit and acquire immovable property in the state ? ”

2. In fact the loss or absence of status as a permanent resident of the state of Jammu & Kashmir dis-entitles a person not only in respect of acquisition of immovable property in the state, but also in respect of employment in the state and the right to scholarship and such other forms of aid as the State Government may provide. The issue, therefore, is :

“ Whether the daughter of a permanent resident of State of Jammu & Kashmir losses her status as a permanent resident of the state of Jammu & Kashmir on her marriage with a person, who is not a permanent resident of the State of Jammu & Kashmir ? ”

3. For proper understanding of the issue, it is expedient to notice the facts of each case, which have given rise to the reference for the constitution of Full Bench.

LPA (sw) No. 27/89 C/w LPA (ow) No. 24/79, State of Jammu & Kashmir Vs. Dr. Susheela sawhney and Dr. Ravinder Maadan Vs. State of Jammu & Kashmir & anrs.

4. Writ petitioners, Dr. Susheela Sawhney, was working as Assistant Professor in obstetrics and Gynaecology Department, Govt. Medical College, Jammu on adhoc basis. She alongwith respondent No.2 Dr. Ravinder Maadan, applied for being appointed as a assistant Professor in the department of obstetrics and Gynaecology, Govt. Medical College, Jammu. Dr. Ravinder Maadan was selected for the above said post. Dr. Susheela Sawhney challenged the selection of Dr. Ravinder Maadan on the ground that she was married to a non State Subject. The learned Single Judge quashed the order of the appointment of Dr. Ravinder Maadan. The state as well as Dr. Ravinder Maadan have filed two separate Letters patent Appeals against the Judgement of the learned Single Judge.

5. In Civil Revision No. 127/80, harjeet Singh Vs. Amarjeet Kour, Plaintiff Amarjeet Kour filed suit in the court of sub judge, Handwara, stating therein that her father, Ram Singh, died in the month of July, 1977, leaving behind plaintiff, defendants 1,2,3,& 5 legal heirs. She pleaded that for purpose of secession, she is governed by the provisions of the Hindu secession Act and is entitled to equally share the property left behind by her father. The defendants contested the claim of the plaintiff by pleading that the plaintiff being married to a non inheriting the property of her father. The trial Court held that the plaintiff is entitled to inherit the suit property as heir of her father, Ram Singh. Revision petition has been filed by defendant, Harjeet Singh to challenge the order of the trial court.

6. In OWP No. 166/85 Dr. Abha Jain Vs State of Jammu & Kashmir, Dr. Abha Jain applied for the post graduate course in the discipline of Gynaecology. She was asked to produce a permanent resident certificate ‘after marriage’ on or before 20th April, 1985, failing which she was not to be considered for admission to the Course. She was, however, allowed to appear in the entrance test at her own risk and responsibility. She applied to the Deputy Commissioner, Jammu for issuance of permanent resident Certificate ‘after marriage’. Apprehending that she would not be issued the certificate, she filed writ petition, seeking a direction for quashing for the communication received ‘after marriage’ on ground that she is permanent resident of the State of Jammu & Kashmir even though she may have married a non-state subject.

7. In OWP No. 171/96 Anjali Khosla Vs State of Jammu & Kashmir, the petitioner, Anjali Khosla, applied for issue of the permanent resident Certificate which was issued to her by the Additional Deputy Commissioner, Jammu, with a condition that the same would remain valid till marriage. Petitioner got married to one Mr. Raj Khosla, a resident of New Delhi, who was a non