Excelsior Correspondent
SRINAGAR, Sept 23: High Court today said the Government cannot deny selection to any candidate if he/she fails to furnish Present Permanent Resident Certificate (PPRC) before cutoff date.
“An aspiring candidate cannot be denied consideration for his/her selection and engagement merely because the authorities did not certify his/her residential status within the prescribed time”, Justice Ali Mohammad Magrey said in a landmark judgment.
Justice Magrey said it is well settled principles of law that a person who may not be in a position to produce certificate showing his/her residence, may not debar the authorities to consider the claim for being selected and engaged. The certificate can also be produced afterwards.
The point was raised that whether a person who fails to produce the PPRC, before the last date of submission of application form and produce it later, can be debarred for claiming consideration for being selected and engaged against the post applied for.
“Now we require to see as to whether the respondent could deny her the benefit of consideration for selection and engagement on the ground that she failed to furnish the PPRC before the cutoff date. As per the settled principles of law, a person earns the status of being a resident of a particular place not because of holding a certificate in his hand but because of actually being the resident of that area”, Court said while settling the question raised by the authorities.
“In the instant case the petitioner had applied for issuance of PPRC prior to cutoff date and which fact was in the knowledge of the authorities and subsequently she also got the certificate, therefore, the denial of her right of consideration for selection and engagement has surely caused the miscarriage of justice”, court said.
Court held that by no standard of imagination can it be said that the petitioner has failed to prove that she is the resident of the area where the ReT post was required to be filled up, therefore, petitioner established her eligibility for the post in question beyond any shadow of doubt.
Court has held responsible the education authorities for creating such a situation in which private candidate’s (selectee’s) appointment has been challenged but without disturbing her appointment court directed the officials to create the post for petitioner whose has been deprived for the post despite her genuine selection.
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