The main legal point established in the judgment is that the Courts of equity have no place for litigants who manipulate the law to suit their needs, and the cessation of the concept of PRC in UT of Jammu and Kashmir with the J&K Reorganization Act, 2019, and the entitlement of citizens to obtain Domicile Certificates under the Jammu and Kashmir Grant of Domicile Certificate (Procedure) Rules, 2020.

JUDGMENT :

Sanjeev Kumar, J.

LPA No. 218/2018, LPA No. 219/2018 & LPA No. 223/2018

1. These three intra-Court appeals by the appellant are directed against a composite judgment dated 03.12.2018 passed by a learned Single Judge of this Court [“the Writ Court”] in SWP No. 2360/2010, SWP No. 2009/2017 and OWP No.1190/2017 whereby the Writ Court has allowed SWP No. 2360/2010 filed by respondent No.8 herein and quashed the orders dated 21.08.2010, 01.09.2010 and 17.09.2010 impugned in the said writ petition, whereas SWP No.2009/2017 and OWP No. 1190/2017 filed by the appellant have been dismissed.

2. Briefly put the facts leading to filing of these appeals are that the Chief Education Officer, Doda vide his Advertisement Notice dated 14.12.2009 invited village-wise applications on prescribed format from the permanent residents of J&K State for engagement of ReTs at village level/Panchayat level/Zone level in various upgraded Primary Schools in different education zones of District Doda. Two posts of ReTs were notified to be filled up in upgraded Primary School, Masri of revenue village, Masri.

3. The appellant and respondent No.8 herein along with others responded to the aforesaid Notification and sought their consideration against the aforesaid two posts of ReT in UPS, Masri. On the basis of eligibility and merit, the Zonal Education Officer, Doda prepared and displayed a tentative list of candidates to be engaged as ReTs in UPS, Masri under SSA Scheme. Respondent No.8 along with one Jamsheed Ahmed were tentatively found entitled to be engaged as ReTs in UPS, Masri. Since the panel was subject to objections, as such, the appellant herein filed written objections to the engagement of respondent No.8 on 19.01.2010 and brought it to the notice of the Authorities concerned that respondent No.8 was actually the resident of village Trown and had, by suppression of material facts, obtained another PRC for village Masri much after the cut-off date mentioned in the Advertisement Notification.

4. The appellant also filed an application before Deputy Commissioner, Doda seeking his indulgence to verify the authenticity and genuineness of PRC certificate issued on 18.01.2010 and RBA certificate issued by the Tehsildar, Doda dated 16.08.2004. On the basis of the complaint received by the Deputy Commissioner, Doda, an enquiry was got conducted through the Assistant Commissioner, Doda who, vide his communication dated 19.05.2010 communicated to the Deputy Commissioner, Doda that respondent No.8 had obtained the second PRC of village Masri by fraudulent means. It was also reported that respondent No.8 and his sister Zahida Parveen had produced wrong affidavit before the Authority concerned that they had not previously obtained any PRC, nor had they made any application in this behalf. The Assistant Commissioner, Doda, thus, recommended cancellation of the second PRC issued in favour of respondent No.8.

5. Acting upon the report of Assistant Commissioner, Doda, the Deputy Commissioner, Doda vide his communication dated 19.05.2010 recommended to the Divisional Commissioner, Jammu for cancellation of the second PRC issued in favour of respondent No.8. The Divisional Commissioner, upon consideration of the recommendations of the Deputy Commissioner, Doda and taking note of the facts and circumstances detailed therein, forwarded the case for cancellation of second PRC to the Administrative Department with the request that same may be placed before the Hon’ble Revenue Minister for passing appropriate orders against respondent No.8 and his sister i.e respondent No.9 herein, besides the Deputy Commissioner, Doda was also directed to register a case for cheating against respondent No.8 and his sister. The Divisional Commisisoner, Jammu also directed the cancellation of appointment of respondent No.8 as ReT. The order passed by the Divisional Commissioner, Jammu was brought to the notice of Chief Education Officer, Doda by the Deputy Commissioner, Doda vide his co