VINEET SHARMA Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) Challenge is made to a certificate granted in favour of the respondent no. 5. By this certificate respondent no. 5 has been declared to be resident of an area described as area falling under the Actual Line of Control. This certificate enables its holder to certain benefits. Respondent no. 5 got admission in the discipline of MBBS. The petitioner appears to have been deprived of this benefit. The question qua validity of the certificate was examined by the Deputy Commissioner, Poonch. This was done in the exercise of power conferred upon him under Rule 32 of the J and K Reservation Rules of 1994 popularly known as SRO 126 of 1994. These Rules were issued on 28.3.1994. The certificate in question is regulated by Rule 29(2)(c). For facility of reference this is being reproduced below:

(2.) The learned counsel appearing for the petitioner submits that the benefit of this Rule could be given only to that person who had resided in the area for a period of not less than 15 years prior to the date of application. He submits that the benefit given to respondent no. 5 on the ground that her parents were in service and therefore her case is covered by the last paragraph of the Rule referred to above is a conclusion which is not justified.

(3.) The evidence which has come on the record and which was appreciated by the Deputy Commissioner, Poonch is as under: