Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CAT) 4847

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Sheetal Sharma – Appellant
Versus
Union Territory of J&K – Respondent
TA 2048/2020|TA 2033/2020

Advocates:
For the Appellants/Petitioners: Mr. Abhirash Sharma, Mr. Vishal Sharma
For the Respondents: Mr. Rajesh Thappa

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 claims.

Headnote:(A) J&K Civil Services (Decentralization and Recruitment) Act/Rules, 2010 as amended in 2013 - District cadre recruitment - Permanent Resident Certificate (PRC) constitutes conclusive proof of residence in particular district - For woman marrying outside district/division, eligibility requires husband’s residence in concerned district for not less than fifteen years proved by his PRC of that district - Affidavits, enquiry reports, physical residence claims or prior selections cannot substitute statutory PRC requirement - Recruitment must strictly follow rules on advertisement date; equity cannot displace statutory prescription. (Paras 12, 13, 14, 20)

(B) Service Law - Selection process - Provisional/final select list with withheld recommendation does not confer indefeasible right to appointment if eligibility deficient - Recruiting authority may withhold/cancel recommendation upon verification failure - Judicial review limited; cannot substitute view on statutory eligibility. (Paras 18, 19)

(C) Interim orders - Direction to keep post vacant pending enquiry report does not permanently bar authority from deciding eligibility post-report submission. (Para 16)

Facts of the case:
Applicant, born and educated in concerned district, married individual with PRC of another district but claimed continued physical residence post-marriage. Applied for district cadre teacher post under 2017 advertisement, provisionally selected, but final recommendation withheld subject to husband’s PRC of concerned district, later cancelled ab initio despite court-ordered enquiry confirming residence.

Findings of Court:
Applicant ineligible absent husband’s PRC of concerned district; withholding and cancellation lawful under statutory rules.

Issues: Whether PRC of husband from concerned district mandatory for married woman’s district cadre eligibility despite own PRC, physical residence proofs and enquiry report; validity of withholding/cancelling recommendation.

Ratio Decidendi: Statutory rules mandate PRC as conclusive residence proof for district cadre posts; factual residence or alternative documents cannot override; no estoppel from prior erroneous considerations; selection does not guarantee appointment if eligibility unproven per rules.

Result: Both transferred applications dismissed.

Table of Content
1. transfer of writ petitions to tribunal. (Para 1 , 2)
2. respondents' reply on eligibility rules. (Para 3)
3. summary of applicant's claims and proceedings. (Para 6 , 7 , 8 , 9)
4. respondents' defense based on prc requirement. (Para 10)
5. prc as conclusive proof for district eligibility. (Para 11 , 12 , 13)
6. documents insufficient to override prc mandate. (Para 14 , 15)
7. interim order does not bind final eligibility. (Para 16)
8. no estoppel from prior erroneous consideration. (Para 17)
9. no indefeasible right from provisional selection. (Para 18 , 19)
10. strict statutory compliance required for eligibility. (Para 20 , 21 , 22)
11. applications dismissed for lack of eligibility. (Para 23 , 24 , 25)

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The WP(C) No. 829/2020 & 2486/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No. 2048/2020 & 2033/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

1. TA 2048/2020

(a) allow the present writ petition;

(b) quash the Order No. 81-SSB of 2020 dated 25.02.2020 passed by respondent No. 4, by virtue of which, the recommendation of the petitioner which was withheld under OM Category for the post of General Teacher, School Education Department, Item No. 012 (06 of 2017) District Cadre Udhampur was cancelled without application of mind and in violation of the order dated 09.07.2019 passed in WP (C) No. 2486/2019;

(c) command and direct the respondents to abide the directions passed by the Hon'ble Court dated 09.07.2019, in so far as, it directs the respondent No. 4 to keep the post of Teacher against which the petitioner had applied as vacant;

(d) restrain the respondents from re-advertising the post of Teacher against which the petitioner was selected, but now by virtue of impugned order dated 25.02.2020, the candidature of the petitioner is cancelled ab-initio (e) ANY other writ, order or direction which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case.

2.TA 2033/2020 “It is, therefore, most respectfully prayed that the Hon'ble Court may kindly be pleased to;

(a) allow the present writ petition;

(b) quash the remarks contained against the name of the petitioner in the final selection list to the extent that the recommendation of the petitioner is withheld subject to production of PRC of husband in Udhampur District;

(c) command and direct the respondents to appoint the petitioner as Teacher in Udhampur District pursuant to her selection made by J&K SSRB in pursuance of Advertisement Notice No. 6 of 2017 dated 28.12.2017 w.e.f. the date, the other selectees alongwith the petitioner have been appointed;

(d) ANY other writ, order or direction which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case.”

3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -

a) These two transferred applications arise out of the same selection process and concern the candidature of the same applicant, namely Sheetal Sharma, for the post of Teacher in District Cadre Udhampur. TA No. 2033/2020 arises out of the earlier grievance of the applicant against the action of the recruiting authority in withholding her recommendation in the final select list, whereas TA No. 2048/2020 arises out of the subsequent order whereby the said withheld recommendation came to be cancelled ab initio. Since the controversy in both matters is interlinked and turns on the issue of the applicant’s residential eligibility for District Cadre Udhampur, the facts are being noticed together in a common chronology.

b) The applicant states that she was born in District Udhampur on 12.03.1981 and received her schooling there. She thereafter completed her Graduation, Post Graduation, B.Ed. and M.Ed. from the University of Jammu. According to her, she was thus throughout associated with District Udhampur by

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2026 Supreme(Online)(CAT) 4847

CENTRAL ADMINISTRATIVE TRIBUNALRajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative MemberSheetal Sharma – AppellantVersusUnion Territory of J&K – RespondentTA 2048/2020|TA 2033/2020

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 claims.

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Sheetal Sharma – Appellant
Versus
Union Territory of J&K – Respondent
TA 2048/2020|TA 2033/2020