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DB directs Com/Secys GAD, SW Dept to appear in person
PIL against alleged Fake Category Certificates
7/20/2012 12:29:02 AM
Early Times Report

JAMMU, July 19: (JNF):- In a PIL filed by Mohd Anwar Choudhary Member of J&K State Advisory Board for the Development of Gujjar and Bakerwal alleged Fake ST Category Certificates, Division Bench of Jammu & Kashmir High Court Jammu Wing comprising Justice Virender Singh and Justice Yaqoob Mir after hearing Adv SM Choudhary for the PIL and AAG Gagan Basotra for the state observed that despite availing several opportunities, status report as well as reply has not been filed on behalf of state. Division Bench do not appreciate it and took serious note and directed Principal Secretary General Administration Dept and Principal Secretary Social Welfare Dept shall remain present on the next date of hearing, DB further observed that in case the status report as well as reply is filed on or before the next date, the above named respondents need not appear.
Board for the Development of Gujjar and Bakerwal as Gujjars and Bakerwals were declared as Scheduled Tribes in J&K State in April 1991. It was alleged in the petition that spurious and unscrupulous elements particularly in Kashmir and parts of the State/districts started obtaining fake schedule tribe certificates in connivance with Revenue Authorities.
The petitioner brought menace of issuance of fake ST Certificates in the knowledge of state authorities but no action has been taken by them. In the petition the petitioner Submitted a judgment of the Supreme Court titled Madhuri Patil Vs Additional Commissioner Tribal Development in which the Apex Court directed the all the States of Union of India to frame scrutiny committee to streamline the procedure for issuance of ST Certificates in the various states so that in eligible, spurious and unscrupulous elements do not corner the benefits reserve for schedule tribes.
It was further submitted that almost all the states of India have constituted scrutiny committees expects state of Jammu & Kashmir. The petitioner seeks direction to the state authorities to constitute scrutiny committees as district level and has also challenged the provisions of reservations acts and rules framed which are contrary to the judgment of the Supreme Court.
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