LAKSHMI DEVI v. UT OF J AND K TH COMMISSIONER SECRETARY, SOCIAL WELFARE DEPARTMENT, JAMMU AND OTHERS
WP(C)/1214/2025 · 2025-05-23
Mohd Yousuf Wani
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 3290 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 3290 (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. 1214/2025 CM No. 2894/2025
Lakshmi Devi …..Petitioner(s)
Through: Mr. Abid Khan, Advocate
Vs
UT of J&K and Ors.
.…. Respondent(s)
Through: Ms. Mrinal, Assisting counsel to Mrs. Monika Kohli, Sr. AAG Mr. Ravinder Gupta, AAG
Coram: HON’BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
ORDER 23.05.2025
1. The grievance of the petitioner as projected through the medium of the instant petition filed under Article 226 of the Constitution of India is that she applied before the concerned authority for issuance of Scheduled Tribe Category Certificate (Padari Tribe) but the same was not addressed to on the main ground that she has not enclosed/uploaded the revenue record from her husband’s side also. That she is qualified in accordance with the law and the rules thereunder for being issued the requisite certificate in her favour because of being belonging to the concerned tribe. That the Social Welfare Department of the UT of J&K has already issued a clarification in consultation with the Law Department which does not disqualify her from being issued the requisite certificate on the ground that she has married to a person, who does not belong to the Scheduled Tribe Category.
2. I have heard the learned counsel for the petitioner and considered his
submissions. The learned counsel in support of his contentions placed Sr. No.65
2 WP(C) No. 1214/2025
reliance on the judgment of a Co-ordinate Bench of this Court passed in Shivaeta Rani V/s Union of India and Ors in WP(C) No. 169/2025 dated 07.02.2025.
3. With the consent of the learned counsel for the parties, the instant petition is disposed of with the direction to the respondents that they shall address the representation of the petitioner reported to have been filed by her with the respondent No. 3 i.e. Tehsildar Atholi (Paddar) post rejection of her application. The respondents shall address the representation of the petitioner in the light of the averments/grounds taken by her in the memo of the instant petition within a period of three weeks.
4. Copies of this order accompanied with the copies of the petition and documents enclosed with the same shall be forwarded to the respondents 2 and 3 for compliance.
(Mohd. Yousuf Wani) Judge Jammu 23.05.2025 Riya
Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No