Excelsior Correspondent
Srinagar, Jan 13: The High Court held that a candidate married outside the district can’t claim for recruitment of the post for such district.
Justice Javed Iqbal Wani has dismissed the plea of one Sushma Devi challenging her cancellation of provisional selection and seeking appointment for the post in question on the ground that she after her marriage has continued to live in the district whereby the post was advertised.
“A candidate who marries outside the concerned district cannot insist on the benefit of local residence preference in public recruitment unless such residence is established by cogent and reliable documentary evidence. The petitioner failed to substantiate her claim of continued residence in the village after marriage and that the authorities were justified in rejecting her candidature”, Justice Wani said.
The court added that although the petitioner-Devi asserted that she continued to reside with her parents after her marriage with documental proof of Panchayatnama, no other documentary proof has been placed on record before the court to support her claim.
In contrast, the respondent-authorities produced official records, including the ration card, voter list, and Aadhaar card, which showed that she resides at her husband’s address outside the district.
“In the absence of any credible proof in rebuttal to such documentary proofs of the respondents being official in nature, the petitioner’s claim to be the resident of the village in question cannot be said to be sufficient”, the court recorded.
The concluded that the candidature of the petitioner-Devi in the provisional selection list was rightly rejected as the recruitment advertisement and corrigendum provided for a preference in favour of local residents. The court has held the selection of other candidate on the post in right perspective as was provided in preference clause contained in the advertisement notice.”
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