ANUBHAV SHARMA AND ANOTHER v. UNION OF INDIA TH SECRETARY MINISTRY OF HOME AFFAIRS NEW DELHI AND OTHERS
WP(C)/1183/2025 · 2025-05-14
Moksha Khajuria Kazmi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3277 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3277 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP (C) No. 1183/2025
Anubhav Sharma and Anr. .....Applicant(s)/Petitioner(s)
Through :- Mr. Rahul Sharma, Advocate
v/s UOI and Ors. .....Respondent(s)
Through :- Mr. Vishal Sharma, DSGI Ms. Monika Kohli, Sr. AAG
CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 14.05.2025
1. By this petition, petitioners herein have challenged rejection orders passed by respondent no. 4, whereby, the applications of the petitioners for grant of Scheduled Tribe Certificate (Pahari Ethnic Group) has been rejected with a further direction upon respondent no. 4 to reconsider the application of the petitioners for grant of Scheduled Tribe Certificate (Pahari Ethnic Group) thereby conducting an enquiry in accordance with law laid down by the Hon’ble Supreme Court in case titled Rameshbhai Dabhai Naika vs. State of Gujarat reported at (2012) 3 SCC 400.
2. Mr. Vishal Sharma, learned DSGI and Ms. Monika Kohli, learned Sr. AAG state that in terms of Section 17 of the J & K Reservation Act, 2024 there is provision for filing an appeal before the appellate authority, as such, the instant petition is not maintainable.
3. Learned counsel for the petitioners states that in terms of Section 16, the comptent authority could have accepted or rejected the Sr. No. 101
WP (C) No. 1183/2025 2
application of the petitioners, but not without recording any reasons in writing. However, in terms of the impugned order Tehsildar has not recorded any reasons for rejection of the application of the petitioners except that the applicants had not uploaded complete requisites.
4. Learned counsel for the petitioners states that he would feel satisfied if the instant petition is disposed of at this stage thereby, directing respondent no. 4 to specify the documents, which were not uploaded and were required for issuance of the certificate in favour of the petitioners.
5. Learned counsel for the respondents are not averse to the proposition made by learned counsel for the petitioners.
6. Be that as it may, without expressing any opinion on the merit of the case this petition is disposed of, at the threshold, with a direction to respondent no. 4 to record reasons in writing with respect to the documents which were deficient in the application of the petitioners dated 02.01.2025 filed before respondent no. 4. Respondent no. 4 is directed to do the needful within a period of two weeks from the date of passing of this order.
(Moksha Khajuria Kazmi) Judge
JAMMU 14.05.2025 Manik