Issuance of ST Certificates in Ganderbal
Excelsior Correspondent
JAMMU, July 26: Taking cognizance of the alleged issuance of Scheduled Tribe Certificates in violation of norms in Ganderbal district, the High Court of Jammu & Kashmir and Ladakh has asked the Advocate General to apprise the court whether the policy formulated by the Government is being followed in letter and spirit or in breach.
The direction has been passed by Justice Wasim Sadiq Nargal in a petition filed by Gujjar Bakerwal Association Ganderbal seeking directions to the respondents for producing the entire record relating to the grant of Scheduled Tribe Certificates issued since 10.02.2023 when the policy framed by the Government came into existence.
The petitioner organization also prayed for restraining the respondents and directing them to refrain from issuing any other certificate by invoking Section 16 of the Reservation Act till the matter is adjudicated upon by the High Court.
The Government by way of policy through the Department of Tribal Affairs has made it clear that any ST Certificate issued by Tehsildar(s) in absence of prescribed documents as notified by the Government shall be the personal responsibility of the Tehsildars.
In the petition, an issue has been raised that the direction issued by the Government by way of a policy is being flouted with impunity by the Deputy Commissioner Ganderbal and Tehsildar Ganderbal. It was further submitted that by way of policy through Department of Tribal Affairs dated 10.02.2023, it has been proposed to initiate an inquiry by the Secretary J&K Board for Welfare of ST/GB which was required to be completed at an earliest to ascertain whether the certificates in question have been issued adhering to Gotra/Sub Castes of Scheduled Tribes notified by the Government of Jammu and Kashmir.
Taking cognizance of the same, Justice Wasim Nargal has asked the Advocate General to apprise the court whether the policy formulated by the Government is being followed in its letter and spirit or in breach and also apprise the court with respect to the steps taken by the Government in furtherance of the policy.
“Let the instructions as desired be conveyed to this court orally or in writing, by or before the next date of hearing”, High Court said. The case will come up for hearing on July 30, 2024.
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