CHAIRMAN J&K BOSE Vs. JOHN MOHAMMAD LOHAR

JUDGEMENT

(1.) This Civil 2nd Appeal filed by the appellants has been admitted on the following substantial questions of law:-

(2.) Heard learned counsel for the parties and perused the record.

(3.) The respondents No. 1 to 3 filed a civil suit for declaration and mandatory injunction seeking a decree against the appellants herein and others for effecting necessary corrections in the matriculation certificates and other higher class certificates so as to indicate the caste of respondents No. 1 to 3 as "Lohar" instead of "Khan" as has been entered in their testimonials. It is pleaded in the plaint that pedigree table of the respondents No. 1 to 3 indicates their caste as "Lohar", however, with their names in the school records and thereafter, in the testimonials issued by the appellants, the same came to be recorded as "Khan". The respondents No. 1 to 3 also relied upon the revenue record as also the voter list of the year 1951 and 1975. It is stated that the aforesaid conflict was noticed by the respondents No. 1 to 3 when they acquired majority and realized that this discrepancy in the record of the appellants as also the University of Kashmir viz-a-viz, the revenue record including the Permanent Resident Certificates issued in their favour, would create difficulties in future. The respondents have also claimed in their suit that immediately after noticing the discrepancy, they approached the appellants and the University authorities in person for correction of the records but neither the appellants nor the University authorities paid any heed to their requests. It is, thus, claimed that due to inaction on the part of the appellants, their legal status has come under serious cloud and therefore, the suit.