• Government job, candidature rejected on basis of domicile issue date

Hi Experts,
My Candidature has been rejected on basis of mere domicile 'issue date'.

As per GO -
 I need to produce domicile at the time of counseling, which has been issued at the time of job application. Job application was in 2011 and counseling was done in 2013. So As per GO i should have been giving them domicile issued in year 2011. But Since did not have old domicile, I created a new one in 2013. But they rejected my candidature on basis of domicile issue date.

My husband is by birth domicile of U.P. and after marriage, as per hindu marriage act, I acquire domicile status in U.P.. Also when I applied for job, we have been married for 6 years and living in U.P.

So are there any citation of case where court has given decision in candidate's favor?? What are my chances that I can get relaxation from court for this ?

Summary of my case is as below:
1. As per GO , domicile should be issued before date of application. We applied online so, domicile was not asked to be provided along with application.

It was mentioned that Domicile issued, before application should be produced at the time of councelling.

2. We missed this domicile point, so at the time of councelling, we given an undertaking that we will produce Domicile withing 2 weeks.

3. New domicile was issued and we submitted same to BSA. They asked to wait for final list. In final list our name was missing and they asked that our candidature was rejected due to domicile issue date.

4. Candidate's Domicile status is not disputed. as per GO, candidate should be residing in UP from last 5 years at the time of Application.
Candidate's husband is by birth domicile from UP and residing in UP.He has inherited property. And after marriage wife gets domicile status as per Hindu marriage act. Marriage date was April 2008 and application date was Aug 2013.

5. CAndidate's Score - 78.02
6. In seletion list only 4 candidate were with high merit and rest all are selected with lower merit merit.
7. more than 80% candidates selected were of less merit than this candidate.
8. Candidate has been meritorious throughout the career.

can you please help with your advise. I would be grateful if I can get some citation in my favor from Supreme court or High Court?
Asked 2 years ago in Labour from Lucknow, Uttar Pradesh
1) You need to file a Writ petition in the High Court seeking its direction to the concerned department dealing with selection and short listing of candidates.

2) A rule will be issued by the High Court as you meet the criterion of Domicile status. It is only a matter of technicality and should easily be overlooked.

3) All you need is to move the High Court with your Writ petition at your earliest and seek its rule.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

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