SHABNAM NAHID Vs. STATE OF J AND K

JUDGEMENT

(1.) Petitioner Miss Shabnam Nahid through this petition under Section 561- A. Cr.P.C. is seeking quashing of challan titled State of J&K v. Shabnam Nahid and others instituted against her and other co-accused per-sons for commission of offences under sections 420, 467, 471 and 120-B, RPC in the court of learned 2nd Additional Sessions Judge Jammu.

(2.) The facts of the case stated in brief are that the petitioner had appeared in entrance examination for admission to MBBS course and was declared succe-ssful under scheduled tribe category. However soon after declaration of result Sr. Superintendent of Police Crimes and Railway received a complaint that the petitioner does not belong to Gujjar community and has prepared a false category certificate. On receipt of this complaint and after holding preliminary inquiry the S.S.P. Crimes and Railway Jammu requested the Chairman Compe-tent Authority Entrance Examination, not to grant admission to the petitioner unless she produces the original certifi-cate of secondary school examination in which she had appeared under Roll No. 120046 Session May- June 1993. While the matter was under investigation the petitioner moved OWP 238/98 in this court in which by way of interim relief the Competent Authority was directed to accord admission to the petitioner. While this petition was pending the Dy. Commi-ssioner Jammu vide his order dated 23.5.1996 cancelled the scheduled tribe certificate dated 13/8/1996 issued in favour of the petitioner by Tehsildar Samba. This order of the Dy. Commi-ssioner was challenged by the petitioner in OWP 394/98 and OWP 424/98. Both these petitions were decided with the direction to the Dy. Commissioner to decide the application as also the revi-sion petition depending upon the result of the finding on the application. The Dy. Commissioner Jammu decided the matter on 16.6.1998 by cancelling the category certificate dated 13.8.1996 issued in favour of the petitioner. This order of cancellation of category certi-ficate was challenged by the petitioner in OWP 520/1998. The category certi-ficate of the petitioner was cancelled on the allegation that the petitioner is the daughter of Gulzar Hussain and not of Taj Din whereas wrong facts were recorded in the application moved before Tehsildar Samba for issuance of scheduled tribe certificate where the parentage of the petitioner was shown as Taj Din. The adoption deed registered on 11.4.1996 where under the petitioner was purpor-tedly shown to have been adopted by Taj Din was in the knowledge of the peti-tioner but the same was not filed before Tehsildar Samba, who had issued the scheduled caste certificate in favour of the petitioner, treating her to be the real daughter of Taj Din. The petitioner, allegedly misrepresented the facts before the issuing authority only to get undue benefit.

(3.) Cancellation of the category certificate came up for consideration before this court in OWP 238/98 and OWP 520/98. Learned Single Judge of this Court (Mr. Justice O.P. Sharma) vide judgment dated 24.12.1998 dismissed both the writ petitions and order of cancellation of scheduled tribe certificate obtained by the petitioner was upheld. In Para 8 of the judgment it was observed as follows: As noticed above, the petitioner had herself admitted before the Deputy Commissioner that she had applied for the issue of certificate as a natural born child of Shri Taj Din and not as his adopted daughter. The Tehsildar had thus issued certificate in her favour as the natural born daughter because Taj Din as well as the witnesses produced by her stated that she was a natural born child of Taj Din. The Deputy Commissioner had only to verify this fact. The petitioner did not stick to the claim made before the Tehsildar and tried to build up the case of adoption, so the certi-ficate had to be cancelled, and was rightly cancelled.