MOHAMMAD MUZAFFAR MIR Vs. STATE

JUDGEMENT

(1.) Petitioner has called in question communication dated 25th of June, 2011-Annexure P, made by Assistant Commissioner (Revenue) Budgam-Respondent No. 4 to respondent No. 5 and has also prayed for commanding respondents to issue, in his favour, Resident of Backward Area certificate in terms of provisions of the Jammu and Kashmir Reservation Act, 2004, hereinafter for short as Act and in terms of the Jammu and Kashmir Reservation Rules, 2005, hereinafter fort short as Rules, on the grounds taken in the writ petition.

(2.) Respondents have resisted the petition on the grounds taken in the memo of reply.

(3.) Provisions contained in the Act and Rules provide how to make an application for considering the case for grant of Resident of Backward Area Certificate and what is the procedure to be adopted by the competent Authority. It also provides that if someone is aggrieved by the order of the competent authority, he has a right of Appeal and if a person is aggrieved of the order of Appellate Authority, he has a right of Revision in terms of provisions of Section 16, 17 and 18 of the Act.