Sushma Devi's Petition Dismissed; Residence and Marital Status Crucial in Employment Selection
In a significant ruling, the Jammu and Kashmir High Court upheld the selection and appointment of a candidate based on preference clauses in an employment advertisement, emphasizing the importance of credible residence and marital status documentation. The decision, delivered by Justice Javed Iqbal Wani, dismissed the petition filed by Sushma Devi, who challenged her non-selection for the post of Female Multipurpose Health Worker (FMPHW) in the District Doda.
Sushma Devi contended that despite her provisional selection, her candidature was unjustly rejected due to her marriage outside the district. She claimed to reside with her parents in her native village, providing a Panchayatnama as evidence. However, the court found this insufficient against official documents, including the Ration Card, Voter List, and Aadhaar Card, which indicated her residence outside the district post-marriage.
The court noted that an inquiry by the District Development Commissioner corroborated these findings. Devi's failure to challenge the inquiry report further weakened her case. The court also addressed the delay in the selection process, attributing it to pending litigation rather than any malfeasance by the officials.
The judgment highlights the legal precedence of official documentation over informal proofs like Panchayatnama in employment selections, particularly when preference clauses are involved. It underscores the necessity for candidates to substantiate their claims with credible evidence, especially when residing outside the preferred location.
Bottom Line:
Employment - Selection and appointment - Preference clause in advertisement notice - Candidate's marital status and residence taken into account for selection - Absence of credible proof to rebut official documents regarding residence can lead to rejection of candidature.
Statutory provision(s): Article 226 of the Constitution of India, National Health Mission Norms
Sushma Devi v. State of J&K, (Jammu And Kashmir) : Law Finder Doc Id # 2835929
