MURASSA SHAMSHAD Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
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(1.) IT appears that after obtaining Resident of Backward Area (RBA)
certificate, the writ petitioner came to be selected for undergoing MBBS
course under the said category after qualifying the entrance test held by
the competent authority.
(2.) IT appears that a complaint came to be filed before Crime Branch and after conducting enquiry into the matter, it came to the
conclusion that the reserved category certificate issued in favour of the
petitioner was not genuine but false one. Respondent no. 4 preferred a
revision petition before the appellate authority viz. Deputy
Commissioner, Budgam and had prayed that the order of Tehsildar whereby
certificate under RBA category was issued in favour of the petitioner be
set aside and the certificate be cancelled. The Deputy Commissioner after
considering the matter dismissed the revision petition vide order dated
30 -7 -2005. Not satisfied with the order of Deputy Commissioner, the respondent no. 4 filed an appeal before the Additional Commissioner, who
stayed the order of Deputy Commissioner dated 30 -7 -2005. Petitioner
feeling aggrieved of the order dated 30 -7 -2005 passed by the Additional
Commissioner, filed this writ petition and sought writ of prohibition,
restraining the Additional Commissioner to hear and conduct proceedings
in the appeal filed by respondent No. 4 and for quashing of the
proceedings drawn by the Additional Commissioner including order dated
24 -8 -2005, on the grounds taken in the petition. Respondents 1 to 3 have not filed their reply. Respondent No. 4
has filed reply.
Heard learned counsel for the parties and considered the matter.
It is necessary to notice the provisions of SRO 126, Rule 27
whereof reads as under: -
"27. Officers authorized to issue certificate. - -The following
shall be Authorized Officers to issue certificate under these rules: - -
Category Authorized officer to issue certificate
(a) Scheduled Castes Revenue Officer not below the rank of Additional
(b) Scheduled Tribes Revenue Officer not below the rank of Additional
(c) Socially and Educationally Backward Classes:
i/ Weak and Under privileged,classes (Social Castes) -do -
ii/ Residents of the Area adjoining Actual Line of Control. -do -
iii/ Residents of Backward Areas -do -
Provided that in respect of villages of Paddar Marwah tehsil Kisthwar.
District Doda. the Naib Tehsildar shall also be competent to issue such
(d) Children of the permanent Residents of defence personnel Army, Navy
and of the Force. Commanding Officer of Unit / Zila Board.
(e) Children of the permanent Residents of Para -Military Forces And
State Police Personnel serving in the State. DIG concerned.
(f) Candidates possessing outstanding Proficiency in sports (Sports
Category). Secretary Sports Council.
(g) Handicapped of the area. Chief Medical Officer
(h) Ex -servicemen and children of Defence personal Commanding officer of
the unit,where Serving or served
Provided that an officer not below the rank of Deputy Commissioner
(Relief), Jammu shall be the Authorized officer to issue certificate to
the registered migrants of Kashmir, in respect of cases arising under
clause (III) of category(C).
(3.) RULE 27 (supra) mandates and provides who is the Authorized Officer(s) for issuing reserved category certificate(s). A revenue
officer not below the rank of Additional Tehsildar can issue certificates.
Rules 28 and 29 of SRO 126 prescribe the procedure which is to be followed in the applicant for obtaining the requisite certificate.;
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