ZARINA HASSAN Vs. STATE

JUDGEMENT

(1.) The prayer for the petitioners for the grant of a certificate under the category of "Backward Areas" in terms of SRO-314 of 1986 dated 9-5-1986, was rejected by the respondents mainly on the ground that the petitioner-children or their parents were proved to be not residing in the backward area within the time specified under the S.R.O. It is prayed by the petitioners that after quashing the orders of respondents 2 and 3 a direction be issued to them for the issuance of a certificate in terms of said SRO and respondent No. 4 to treat petitioner No. 3's application for selection to M.B.B.S. Course under the category of "Other back-ward areas". It is also submitted that the petitioners' parent village Jawalapur has been declared as a backward area where they own immovable property in the form of agricul-tural land and house. Their parents could not live in the village continuously for a period of 15 years as required on account of their being in Government service.

(2.) In the objections filed on behalf of the respondents it is submitted that the peti-tioners are not entitled to the grant of benefit under the SRO. The SRO is aimed at giving benefit to such people who have suffered socially and educationally deprivation by living in a particular area for not less than 15 years continuously. The petitioners' parents are residing at Jammu since last more than 15 years disentitling them the benefits of the aforesaid SRO. If the case of the peti-tioners is accepted then the same will defeat the purpose and purport of the SRO which is intended to confer benefits upon socially and educationally deprived people living in such backward areas. The orders impugned are stated to be legal, valid and passed strictly in accordance with the said SRO.

(3.) I have heard learned Counsel for the parties and perused the record.