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| DB directs State to constitute Scrutiny Committee to check fraudulent certificates | | PIL seeking scrutiny of fake ST Certificates | | | Jammu, Sept 3 (JNF) : In a significant judgment, A Division Bench of the State High Court comprising Justice Virender Singh and Justice Hasnain Massodi has directed the state of Jammu & Kashmir to set-up scrutiny committee at Division/District Level to scrutinize the social status certificate (Reserved Category Certificate) already issued at the instance of any person aggrieved with grant/issuance of such certificates. These court directions were passed in a PIL filed by Anwar Choudhary a Gujjar Leader and practicing lawyer seeking directions to the state of J&K to constitute scrutiny committee to scrutinize social status certificates issued in the state of J&K from 1991 particularly Scheduled Tribe Certificates and also to constitute a District Level Scrutiny Committee as per the directions of the Supreme Court in case titled Kumari Madhuri Patil and another Vs Additional Commission Tribal Development & ors. After hearing Adv Shah Mohd Choudhary appearing for the Public Interest Litigation and Sr. AAG Gagan Basotra appearing for the state, Division Bench observed that Advocate Choudhary submits that in rest of the Country the beneficiaries of fraudulent certificates have been detected and the beneficiaries thereof deprived of the benefit flowing out of such certificates. On other hand Sr. AAG Gagan Basotra fairly stated that no scrutiny committee has been constituted by the state and if there are any complaints regarding the issuance of Social Status Certificates, all these complaints are referred to Social Welfare Dept for further action. Division Bench while expressing concern over the prolonged delay in the constitution of scrutiny committee disposed of the Public Interest Litigation with the directions to the state to bring the mechanism under the Reservation Act and Rules made there under for grant/ issuance of reserved category certificates at par with the directions of the Supreme Court. Division Bench also directed the setting-up of Scrutiny Committee at Division/District Level to scrutinize the certificates already issued. Division Bench six months time to the State to comply the aforementioned directions. DB while parting with observed that the petitioner shall be free to resist the matter in the even any cause survives. |
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