Gopal Sharma
JAMMU, Mar 17: While delivering a rare and historical adjudication, the Deputy Commissioner Poonch quashed ALC certificates of two JKAS officers, who had managed selection in the Combined Administrative Services through Public Service Commission in the Jammu and Kashmir during 2017.
Both the officers hailed from Mendhar Sub Division of Poonch district and are real brother and sister. While delivering the important order in his court, District Magistrate, Poonch Inder Jeet cancelled the ALC (Resident of Actual Line of Control) certificates of Sumit Kumar Sharma and his sister, Sunaina Sharma hailing from Ari in Mendhar on the ground that both the certificates were issued against the mandate of Jammu Kashmir Reservation Act 2004.
Both the officers were appointed during 2017 on the basis of the ALC category issued by the then Tehsildar Mendhar. The selection list was issued on December 18, 2017. The detailed order pointed out brazen irregularities in the issuance of certificates where the issuing authority and other officials proceeded in a very casual and careless manner, the order said.
Inder Jeet ordered an enquiry into the whole matter through SDM Mendhar, for completion in a time bound manner. The Counsels of the appellants Mobeen Khan and Alyas Khawaja told that the judgment is historical, detailed and reasoned one where the court touched the in depth of matter by quashing the ALC certificates of all the siblings except respondent No. 3, Jyoti Sharma, daughter of Harbans Lal Sharma, resident of Ari, at present Gohlad in Mendhar.
These ALC certificates were challenged in the court of District Magistrate Poonch by one of the JKAS aspirants, Anjum Imtiaz, daughter of Imtiaz Ahmed Khan, resident of Harni in Mendhar on May 29, 2018, with the appeal that these certificates issued in favour of Sumit Kumar Sharma, Sunaina Sharma, Jyoti Sharma, Amit Kumar Sharma, children of Harbans Lal Sharma; Ram Murti Sharma , wife of Harbans Lal Sharma and Harbans Lal, son of Krishan Lal, residents of Ari and at present Gohlad in Mendhar, issued by Tehsildar Mendhar, being illegal, arbitrary, against the facts and law, void ab-initio, liable to be revoked/ cancelled. She also challenged that the respondents were not falling within the income ceiling prescribed by the SRO-294 for issuance of such certificate that is Rs 3 lakh during 2011, from all sources, except agriculture.
A person claiming benefit under Backward Area Certificate or ALC must establish that he / she has resided in the area for a period of not less than 15 years before the date of application, but these people were not fulfilling the given criteria. They had shifted to Jammu since long and Harbans Lal being Government employee was unable to mislead the authorities with regard to his income. The court of DM also checked the local school certificates of these people.
“After going through the facts, it has been observed that appeal succeeds on merit and the impunged ALC category certificate issued by Tehsildar Mendhar on 14-7-2011 in favour of respondents ( Except respondent No. 3 Jyoti Sharma), are cancelled ab-initio. However, in view of the condition imposed by the High Court of J&K in its order dated 22-10-2019 passed in WP ( C ) No. 3897/2019, in case titled Sumit Kumar Sharma Vs State of J&K and others, the decision of this court shall remain subject to the final outcome of writ petition pending before the High Court,” the DM’s order said.
SDM Mendhar was directed to conduct in-depth inquiry into the acts of omission and commission on the part of concerned officials while processing and issuing the said certificates, by fixing responsibility, within two weeks. It is pertinent to mention here that it is just a tip of an iceberg, even in issuance of RBA certificates huge irregularities have been committed to obtain such benefit in Poonch, Rajouri, Doda, Udhampur, Kishtwar besides other parts of Kashmir valley. Many heads may roll if such an inquiry is ordered by concerned authorities in various districts.
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