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ANITA SUMANTH, G. ARUL MURUGAN
District Collector, Erode – Appellant
Versus
Murisha Fathima – Respondent
JUDGMENT :
ANITA SUMANTH, J.
Prayer: Appeal filed under Clause 15 of the Letters Patent against order dated 11.08.2021 made in W.P. No. 20815 of 2019 on the file of this Court.
1. The Writ Petitioner/R1 in this appeal belongs to the Muslim Backward caste category. She had responded to Notification bearing Na. Ka. No. 1080/2018/B2 dated 26.03.2018 issued by the Special Officer of Rural Development and Panchayat Raj Department, Erode District calling for applications to fill the post of Panchayat Secretary in Kadukkampalayam Panchayat.
2. The said Notification contains, at serial no. 2, the details of the post and the reservation as follows:
3. The conditions set out in the said Notification are as follows:
4. Along with the Writ Petitioner, several others had also applied to the post. By way of the order impugned in the Writ Petition, dated 26.03.2019, the Block Development Officer of Gobichettipalayam Taluk, Erode District rejected her candidature on the sole ground that she was not a resident of Kadukkampalayam Village. It is undisputed that the petitioner is qualified in all other aspects and her candidature has been rejected solely on the ground of residence.
5. The Writ Petition came
Eligibility for appointment must be assessed based on the last date for application submission, not the date of notification, ensuring fairness in the selection process.
PRC is conclusive proof of district residence for cadre eligibility; married woman's claim requires husband's PRC from concerned district, overriding affidavits, enquiries or physical residence claim....
Submitted residency documents like Ration Card, Aadhaar suffice if genuine; post-appointment hearsay inquiry without cogent proof cannot override them to disqualify appointee.
Misrepresentation regarding marital status invalidates employment eligibility under applicable decentralized recruitment laws.
Eligibility for reserved category appointments is contingent upon timely submission of required certificates; late submissions disqualify candidates under prescribed rules.
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