By marriage, a woman acquires the domicile of her husband, and her domicile during marriage follows the domicile of her husband.

With the consent of learned coun sel for the parties this writ petition is being disposed of finally today itself at the motion hearing stage without it be ing formally admitted to hearing.

2. The controversy involved in this writ petition is very short as well as simple.

3. The facts, in brief, may first be noticed. The petitioner applied for se lection in the Uttarakhand Judicial Service in the examination as well as the selection process held and conducted by the Uttarakhand Public Service Commission in the year 2008 for the post of Civil Judge (Jr. Div. ). The petitioners candidature was con sidered along with other eligible candi dates. She had appeared and qualified in preliminary examination and accord ingly was allowed to sit in the main written examination which she also qualified. Because of the merit ob tained by her in the main written examination, the petitioner was called for viva-voce/interview. It was at that stage that a disputed arose about her eligibility linked X with her domicile which ultimately to the cancella tion of her candidature.

4. Feeling aggrieved, the petitioner has challenged this action of the re spondents in the present petition filed under Article 226 of Constitution of India.

5. The undisputed facts of the case are that the petitioner, even though originally belonged to Moradabad district, married Mahavir Singh in the year 1998 and settled in the State of Uttarakhand. It is also the undisputed case of the parties that Mahavir Singh, the husband of the petitioner whom she married in 1998 belongs to and is residing in Kashipur, which even though in 1998 was a part of the State of U. P. after the reorgani zation of the State, - became a part of State of Uttarakhand. The

petitioner before her marriage belonged to a Scheduled Caste and Mahavir Singh, her husband also belongs to a Sched uled Caste. It is also the undisputed case of the parties that the petitioner after her marriage to Mahavir Singh in 1998 has been continuously living in and residing at Kashipur, which is a part of State of Uttarakhand. For ena bling her to apply and participate in the selection process in the reserved category of a woman candidate be longing to a Scheduled Caste, she sub mitted a certificate issued by the Competent Authority of her husband Mahavir Singh, but at the time of the interview it was insisted that she pro duce the certificate of her father. Since her father lives in Moradabad in the State of U. P. , the certificate issued in 1998 undoubtedly suggested that the petitioner was a resident of State of U. P.

6. The issue which arises for con sideration is whether the petitioner should be considered a domicile of the State of Uttarakhand as well as being a woman candidate belonging to the Scheduled Caste category, should she be considered in the said category.

7. Reliance has been placed by both the sides upon communication no. 2588a/2001 Dehradun dated 20th November 2001, copy whereof has been filed as annexure A-11 with the writ petition. This is a com munication emanating from Secretary, General Administration Department. Govt. of Uttarakhand addressed to all the District Magistrates of the State of Uttarakhand. It deals with the subject of the issuance of Permanent Resi dence Certificate. In para-2 of the said communication it has been clearly mentioned and laid down that Perma nent Residence Certificate shall be is sued to only such persons who are the citizens of India and bona fide residents of Uttarakhand. It has been clarified that a person shall be considered as a bona fide resident of Uttarakhand whose permanent home is in the State. Para- 2 further goes on to lay down and stipulate that Permanent Residence Certificate can be issued to such bona fide residents also who have been residing in Uttarakhand for at least 15 years in the past.

8. Mr. B. D. Kandpal, learned courtier appearing for respondent no. 2 by strongly relying upon para-2 of the aforesaid communication dated 20th N