MANJEET KOUR Vs. ASMA NABI & ORS.

JUDGEMENT

(1.) The appellant is aggrieved by the order of the learned Single Judge dated 10.06.2011 passed in SWP No. 502/2009.

(2.) The issue relates to the appointment of Rehbar-e-Taleem (3rd teacher) in the Primary School, Shilipora. There was an advertisement notice published in the newspaper (Daily Greater Kashmir), on 4th March, 2009 calling for the applications to be filed for the post of Rehbar-e-Taleem (3rd teacher) within 10 days from the date of publication The 1st respondent, Asma Nabi, filed her application claiming to be the resident of Shilipora on the basis that she got married to one Mehdi Parvez Khan. The Nikhanama was also filed along with the writ petition as annexure 'E', which disclose that the 1st respondent got married to one Mehdi Parvez Khan on 05.02.2009 itself, undisputedly who is the resident of Shilipora.

(3.) Be that as it may, the candidature of the 1st respondent came to be cancelled by order dated 17.3.2009, by stating that her Permanent Resident Certificate was cancelled by the Additional Deputy Commissioner, Anantnag. When we perused such cancellation order of PRC Certificate as well as the order impugned dated 16.3.2009 in the writ petition, we find that there was total non-application of mind while passing the order of cancellation. The 1St respondent should have, at least, been called upon to produce her Nikhanama, in order to ensure whether or not she got married to Mehdi Parvaiz Khan and to ascertain whether she was resident of Shilipora. Without carrying out such required exercise of making such an enquiry, the Permanent Resident Certificate issued in favour of the 1st respondent came to be cancelled vide order dated 16.3.2009 passed by 7th respondent, Additional Dy. Commissioner, Anantnag.