MOHD. ANWAR CHOUDHARY Vs. STATE AND ORS.

JUDGEMENT

(1.) The petitioner is a member of J&K State Advisory Board for the Development of Gujjars and Bakerwal Tribals, as such, through the instant Public Interest Litiga tion, he shows inclination in safeguarding the rights of down trodden communities in the State and seeks issuance of appropriate writ in the nature of mandamus directing the respondents to constitute Scrutiny Committee to scrutinize Social Status Certificates issued in the State of J&K from 1991 onwards particularly Scheduled Tribe certificates and also to constitute a District level Scrutiny Commit tee as per the directions/guidelines framed by the Hon'ble Supreme Court in case titled 'Kumari Madhuri Patil & another v. Addl. Commissioner, Tribal Development and others, 1995 AIR(SC) 94' and reiterated in case titled 'Director of Tribal Welfare, Government of A.P. v. Laveti Giri, 1995 AIR(SC) 1506'.

(2.) The petitioner also seeks issuance of writ of certiorari quashing Sections 13, 14, 15, 16, 17 & 18 of Chapter V of J&K Reservation Act, 2004 (for short 'the Act') and Rules 18, 19, 20 & 21 of Part-V of J&K Reservation Rules 2005 (for short 'the Rules') issued vide Social Welfare Department Notification bearing SRO No.294 dated 21.10.2005, being ultra vires of the Constitution and contrary to the Supreme Court judgments.

(3.) On behalf of the respondents, Addl. Secretary, Social Welfare Department has filed the reply/compliance report. It is apposite to refer to para 4 of the said response. It reads:-