ATUL SHARMA v. UNION OF INDIA AND ORS. (MINISTRY OF DEFENCE)
WP(C)/3024/2025 · 2025-12-05
Sanjay Dhar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 14736 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14736 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
73 Supplementary
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) 3024/2025 CM(8061/2025)
ATUL SHARMA
….. Petitioner (s)
Through: Mr. Mudasir Bin Hassan, Adv. V/s
UNION OF INDIA AND ORS.
….. Respondent(s)
Through: Ms. Shagfuta Maqbool, Adv. Vice Mr. T M Shamshi, DSGI. Mr. Faizan, CGC
Coram:
Hon’ble Mr. Justice Sanjay Dhar, Judge
ORDER 05.12.2025
1. The petitioner, through the medium of present petition, has inter alia sought a direction upon the respondents to include him as beneficiary of Schedule Tribe Category in All India Seniority list notified on 17th November, 2025.
2. The claim of the petitioner is that after inclusion of Pahari speaking people in the Category of Schedule Tribe, the petitioner has been issued Schedule Tribe Certificate by the competent authority but at the time of the petitioner entering the service, Pahari speaking people were not included in the Schedule Tribe Category, as a result of which, he had procured his employment under Open Merit Category. It has
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been submitted that the petitioner had furnished Schedule Tribe Certificate with the respondents and sought his inclusion in the All India Seniority List of Junior Engineers, MES under Schedule Tribe Category but the respondents while issuing the All India Seniority List vide Communication dated 17th November, 2025, have not included the petitioner in Schedule Tribe Category and instead he has been shown belonging to General Category.
3. Learned counsel for the petitioner has submitted that the petitioner would feel satisfied if a direction is issued to respondents to consider his case for inclusion in the Schedule Tribe Category in the All-India Seniority list on the basis of Schedule Tribe Certificate issued in favour of the petitioner by the competent authority.
4. In view of the above, the writ petition is disposed of with a direction to the respondents to treat the instant petition as representation on behalf of the petitioner and take an appropriate decision in accordance with law on the said representation most expeditiously preferably within a period of two months from the date the petitioner furnishes a copy of the order along with copy of the writ petition to the
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respondents. Till such time the respondents take a decision on the representation of the petitioner, the respondents shall keep one post of Assistant Engineer, MES under Schedule Tribe Category vacant.
5. Disposed of as above.
(Sanjay Dhar)
Judge
SRINAGAR 05.12.2025 Aasif