JUDGMENT :

(N. Kotiswar Singh, J.)

1. The present writ petition has been filed challenging the order dated 1st March, 2022, passed by the learned Central Administrative Tribunal, Srinagar, (for short 'the Tribunal') in O.A. No. 108/2022, by which the learned Tribunal declined to interfere with the notice dated 3rd of February, 2022 issued by the Jammu and Kashmir Public Service Commission (for short 'the Commission' or JKPSC) rejecting the candidature of the petitioner, on the ground of non-submission of Domicile Certificate within the cut-off date mentioned in the advertisement, but merely directed the respondent authorities to treat the application filed by her before the Tribunal as a representation and dispose of the same.

2. According to the petitioner, her candidature could not have been rejected by the JKPSC on the aforesaid ground in as much as she had submitted the Resident of Backward Area (RBA) certificate along with her application within time and she had also submitted the Domicile Certificate before the Main Examination along with the application form for the Main Examination required to be submitted after clearing the Preliminary Examination.

3. Brief facts of the case as may be relevant for consideration of the petition may be stated as follows:

4. The petitioner is a permanent resident of the Union Territory of Jammu and Kashmir and had completed her Graduation in Fisheries Science from the Sher-i-Kashmir University of Agricultural Sciences and Technology, Kashmir. Being a permanent resident of the Jammu and Kashmir and that too of a backward area, she duly obtained the Permanent Resident Certificate (PRC) which was issued on 07.08.2012 under the erstwhile State of Jammu and Kashmir which clearly shows that she is a permanent resident of the Jammu and Kashmir State. She also possessed the certificate of being a resident of backward area (RBA) which was renewed on 10th April, 2021, before the cut-off date mentioned in the advertisement, which would also prove that she is a permanent resident and hence permanently domiciled in the UT of Jammu and Kashmir and also belongs to a backward area.

5. The Jammu & Kashmir Public Service Commission had issued a notification on 26th February, 2021, inviting applications for appearing in the Jammu & Kashmir Combined Competitive (Preliminary) Examination, 2021 from applicants who are domiciled in the Union Territory of Jammu and Kashmir. The last date of submission of applications was 12.04.2021. As per the said notification, 19 (nineteen) posts were reserved to be filled up under the RBA category. According to the petitioner, she duly applied for the said post by submitting necessary documents including the RBA certificate within time which were duly accepted by the authorities. According to the petitioner, the Commission being satisfied with the same allowed her to appear in the Preliminary Examination which was conducted on 24th October, 2021, in which she was declared successful which would have enabled her to appear in the Mains Examination as notified vide notification dated 13th November, 2021.

6. Thereafter, the Commission again invited online applications from the successful candidates vide notification dated 26th November, 2021, to be submitted by 20.12.2021. The last date of submission of application forms for the Main Examination was subsequently extended up to 6th January, 2022. The petitioner, accordingly, submitted her application along with the requisite documents including the Domicile Certificate.

7. According to learned counsel for the petitioner, having been declared successful in the Preliminary Examination and also been allowed to submit the online application form in terms of the notification dated 26th November, 2021, the petitioner was expecting to appear in the Main Examination and was preparing for the same. Unfortunately, by the impugned notice dated 3rd February, 2022, issued by the Commission, the candidature of the petitioner, along with some others m