LAWS(UTN)-2009-2-8

RICHA SINGH Vs. PUBLIC SERVICE COMMISSION

Decided On February 20, 2009
Dr. Richa Singh Appellant
V/S
Public Service Commission and Anr. Respondents

JUDGEMENT

(1.) HEARD Sri Sharad Sharma, learned Counsel for the Petitioner, Sri B.D. Kandpal, learned Counsel for Respondent No. 1 and Sri PC. Bisht, learned Counsel for Respondent No. 2.

(2.) BY means of this writ petition, the Petitioner has sought writ in the nature of mandamus commanding the Respondent No. 1 to forward the name of the Petitioner who is a selected candidate to Respondent No. 2 so that the further steps for issuance of appointment letter may be proceeded with.

(3.) IN the counter affidavit filed on behalf of Respondent No. 1, the candidature and selection of the Petitioner for the post of Veterinary Medical Officer in Uttarakhand Women Category is not denied. However, it is stated that the Petitioner has shown her husband residing in Village Anandpur, Tehsil Kichha, District Udham Singh Nagar but the address of parental side of the Petitioner was not disclosed in the domicile certificate. As such, since the Petitioner failed to produce the domicile certificate in the new format required, she was shown to have been selected only provisionally. It is further stated in the counter affidavit filed on behalf of Respondent No. 1 that as per the Government Order No. 2388/One -4/Sa.Pra./2001 dated 20.11.2001, a person gets domicile of State of Uttarakhand only when he/she is permanently residing in the State of Uttarakhand for more than 15 years. It is further stated in the counter affidavit filed by the answering Respondent that to clarify the position a letter was sent to the government whether the woman who married a resident of Uttarakhand would be required to complete 15 years of residence after their marriage or not. The government has not taken any final decision in the matter.