Jammu & Kashmir and Ladakh High Court Reaffirms Proof-Based Local Residence in Public Recruitment
Shivaji Rathore 12 jan 2026
The Jammu & Kashmir and Ladakh High Court has ruled that a woman who marries outside the concerned district cannot automatically claim the benefit of local residence preference in public employment unless she proves her continued residence in that district through cogent and reliable documentary evidence.
A Bench led by Justice Javed Iqbal Wani dismissed the writ petition filed by Sushma Devi, holding that she failed to establish that she continued to reside in her parental village after marriage. The Court upheld the authorities’ decision to reject her candidature and select another candidate who satisfied the local residence requirement under the recruitment rules.
The judgment makes it clear that official records like Aadhaar, voter list and ration card prevail over informal documents like Panchayat certificates when determining residence for recruitment purposes.
The case arose from a recruitment process under the National Health Mission (NHM) for the post of Female Multipurpose Health Worker (FMPHW) in Sub-Centre Seel, Block Ghat, District Doda. An advertisement issued in 2015 was later modified by a corrigendum in 2017, giving preference to candidates residing in the village served by the concerned health institution.
Sushma Devi had initially been included in the provisional selection list on the basis of her higher merit. However, another candidate (Respondent No. 5) objected, claiming that Sushma Devi had married a person residing in Jammu District and was therefore no longer a resident of District Doda. Upon enquiry ordered by the Deputy Commissioner, the Tehsildar’s report confirmed that Sushma Devi was residing with her husband in Jammu. Official records including:
Ration Card,Voter List,Aadhaar Card all showed her address as that of her husband in Nanak Nagar, Jammu.
In contrast, the petitioner relied only on a Panchayatnama stating that she continued to live with her parents. The Court held that such a certificate, without corroboration by official documents, was insufficient to displace the official records. Justice Wani observed that:- In the absence of credible proof rebutting official records, the petitioner’s claim of continued residence in the village cannot be accepted. The Court also rejected the argument that delay in recruitment prejudiced the petitioner, noting that the delay was caused due to pending litigation and that there were no mala fide allegations supported by evidence. Ultimately, the Court upheld the rejection of the petitioner’s candidature and confirmed the selection of Respondent No. 5 under the local residence preference clause.
Case Details
Case Title: Sushma Devi v. State of Jammu & Kashmir & Ors.
Court: High Court of Jammu & Kashmir and Ladakh at Jammu
Coram: Justice Javed Iqbal Wani
Case Number: SWP No. 855/2018 with IA No. 01/2018
Date of Judgment: 16 December 2025
