The main legal point established in the judgment is the significance of the candidate's residence status, particularly through marriage, in determining eligibility for the Rehbar-e-Taleem post, as well as the validity of the Nikah ceremony in establishing the marriage contract and residence status.

1. The Letters Patent Appeal is directed against judgment and order dated 05.05.2010 in SWP No. 362/2010, whereby Writ Court has allowed writ petition, upheld selection of respondent No.1 as Rehbar-e-Taleem Teacher in Primary School Goswanigund village Gund Nauroz and commanded the respondents 2 to 4 to issue formal engagement/appointment order in favour of respondent No.1.

2. First an overview of the background facts:

The respondent No.5, on 12.7.2008 vide advertisement notice No.ZEO/D/264/08, invited applications from eligible candidates for engagement against two posts of Rehbar-e-Taleem Teachers, sanctioned vide order dated 11.7.2008 for Primary School Goswanigund. The appellant as well as respondent No.1 responded to advertisement notice. The respondent No. 5 prepared a panel of eligible candidates on the basis of merit. The respondent No.1 and appellant figured at S. Nos.1 and 3 respectively. The Panel, so prepared, found approval of respondent No. 4 and vide No.CEO/A/Per/12754-56/09 dated 5.9.2009 objections, if any, were sought to the selection of respondent No.1 within seven days to reach the respondent No.4. The tentative selection list was made public. The appellant filed his objections to the selection of respondent No.1, alleging therein that the respondent no.1 was not a resident of revenue village Gund Nauroz, where the Primary School was located; that the respondent No.1 belonged to village Gund Fatehpora and had married one Fayaz Ahmad of revenue village Gund Nauroz, after the Advertisement Notice dated 12.7.2008, so as to grab the post of Rehbar-e-Taleem Teacher that otherwise was to go to the appellant. The respondent No. 4, on receipt of complaint from appellant, decided to withhold the formal engagement order in favour of respondent No.1 and ordered inquiry into the matter. The District Development Commissioner Anantnag directed parallel inquiry into the matter. The Inquiry Committees found substance in the objections filed by the appellant. It was found on inquiry that respondent No.1 had applied for post of Rehbar-e-Taleem Teacher in the school at her native village Gund Fatehpora in response to Advertisement Notice dated 26.4.2008, and figured at S.No.06 in the Panel submitted to respondent No.4 by respondent No. 5 vide No.ZEO/D/242-45/08 dated 20.5.2008 and that the respondent No.1 later on 13.9.2008 withdrew her candidature and decided to compete for Rehbar-e-Taleem Teacher post in Primary School Goswanigund village Gund Nauroz after selection for Rehbar-e-Taleem Teacher post in Primary School Goswanigund was finalized.

3. The respondent No.1 aggrieved that despite her selection for the post of Rehbar-e-Taleem Teacher in Primary School Goswanigund, formal orders were not being issued by official respondents, filed a writ petition seeking a writ of mandamus, commanding respondents to issue formal appointment/engagement order in favour of respondent No.1. The respondent No. l also prayed for writ of prohibition, restraining the official respondents from cancelling or withdrawing the selection of respondent No.1. The respondent No.1 insisted that she was permanent resident of village Gundi Nowroz, since she married one Shri Fayaz Ahmad Lone of the said village and that respondent No.1, thus was eligible for the post of Rehbar-e-Taleem Teacher in Primary School Goswanigund. The respondent No.1 pleaded that her having been found meritorious as compared to appellant and other aspirants for that post, figured at S. No.1 in the select list and was entitled to be engaged as Rehbar-e-Taleem Teacher in the aforementioned school. The respondent No.1 complained that the official respondents without any right or reason and motivated by malafide intentions, avoided to issue engagement order in favour of respondent No.1. It was pleaded that as respondent No.1 had married Shri Fayaz Ahmad Lone "few days before the cut off date" and thus become resident of revenue village Gundi Nauroz, neither the appellant