Inform if policy with regard to issuance of ST certificates is implemented in letter and spirit: HC asks Govt

Srinagar, July 26: The High Court of J&K and Ladakh Friday directed authorities to apprise it whether the policy regarding issuance of ST certificates was followed in its letter and spirit or in breach.

A bench of Justice Wasim Sadiq Nargal sought to know about the implementation of the policy in response to a plea by Gujjar Bakerwal Association Ganderbal.

The association is seeking direction to the authorities to produce the entire record before the court relating to the grant of Scheduled Tribe certificates issued by the concerned authorities in Ganderbal district from February 10, 2023, the date of order passed by the government against issuing these certificates.

While the court asked the authorities to apprise it about it by July 30, it also urged the Advocate General (AG) to inform about the steps taken by the government in furtherance of the policy.

The government by way of policy through the Department of Tribal Affairs has made it clear that any ST certificate issued by Tehsildars in the absence of prescribed documents as notified by the government should be the personal responsibility of the Tehsildars.

Arguing the case, Advocate Faisal Qadri, counsel representing the association, said that the authorities be directed to reveal the specific stand with particular reference to the communication issued by the J&K government by way of policy through Department of Tribal Affairs dated February 10, 2023, whereby, it has been proposed to initiate an inquiry by the Secretary J&K Board for Welfare of ST and GB which was required to be completed at an earliest to ascertain, whether two certificates were issued adhering to Gotra and Sub Castes of Scheduled Tribes notified by the J&K government.

The petitioner has also sought direction for restraining the authorities 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 court.