MURASSA SHAMSHAD Vs. STATE OF J&K

JUDGEMENT

(1.) IT appears that after obtaining Resident of Backward Area (RBA) certificate, the writ petitioner came to be selected for undergoing MBBS course under the said category after qualifying the entrance test held by the competent authority.

(2.) IT appears that a complaint came to be filed before Crime Branch and after conducting enquiry into the matter, it came to the conclusion that the reserved category certificate issued in favour of the petitioner was not genuine but false one. Respondent no. 4 preferred a revision petition before the appellate authority viz. Deputy Commissioner, Budgam and had prayed that the order of Tehsildar whereby certificate under RBA category was issued in favour of the petitioner be set aside and the certificate be cancelled. The Deputy Commissioner after considering the matter dismissed the revision petition vide order dated 30 -7 -2005. Not satisfied with the order of Deputy Commissioner, the respondent no. 4 filed an appeal before the Additional Commissioner, who stayed the order of Deputy Commissioner dated 30 -7 -2005. Petitioner feeling aggrieved of the order dated 30 -7 -2005 passed by the Additional Commissioner, filed this writ petition and sought writ of prohibition, restraining the Additional Commissioner to hear and conduct proceedings in the appeal filed by respondent No. 4 and for quashing of the proceedings drawn by the Additional Commissioner including order dated 24 -8 -2005, on the grounds taken in the petition. Respondents 1 to 3 have not filed their reply. Respondent No. 4 has filed reply. Heard learned counsel for the parties and considered the matter. It is necessary to notice the provisions of SRO 126, Rule 27 whereof reads as under: - "27. Officers authorized to issue certificate. - -The following shall be Authorized Officers to issue certificate under these rules: - - Category Authorized officer to issue certificate (a) Scheduled Castes Revenue Officer not below the rank of Additional Tehsildar. (b) Scheduled Tribes Revenue Officer not below the rank of Additional Tehsildar. (c) Socially and Educationally Backward Classes: i/ Weak and Under privileged,classes (Social Castes) -do - ii/ Residents of the Area adjoining Actual Line of Control. -do - iii/ Residents of Backward Areas -do - Provided that in respect of villages of Paddar Marwah tehsil Kisthwar. District Doda. the Naib Tehsildar shall also be competent to issue such certificate. (d) Children of the permanent Residents of defence personnel Army, Navy and of the Force. Commanding Officer of Unit / Zila Board. (e) Children of the permanent Residents of Para -Military Forces And State Police Personnel serving in the State. DIG concerned. (f) Candidates possessing outstanding Proficiency in sports (Sports Category). Secretary Sports Council. (g) Handicapped of the area. Chief Medical Officer (h) Ex -servicemen and children of Defence personal Commanding officer of the unit,where Serving or served Provided that an officer not below the rank of Deputy Commissioner (Relief), Jammu shall be the Authorized officer to issue certificate to the registered migrants of Kashmir, in respect of cases arising under clause (III) of category(C).

(3.) RULE 27 (supra) mandates and provides who is the Authorized Officer(s) for issuing reserved category certificate(s). A revenue officer not below the rank of Additional Tehsildar can issue certificates.