STATE TIMES NEWS
JAMMU: In a significant judgment, Justice Janak Raj Kotwal of J&K High Court on Wednesday observed that a candidate by adoption, marriage or conversion, does not become eligible to avail the benefit of reservation.
Justice Kotwal was hearing a petition filed by Munir Ahmed through Advocate Monish Chopra who challenged the appointment of Ruhi, wife of Sikander Mehmood for the post of Medical Officer (Ayurvedic) under ST category.
During the course of hearing, Advocate Monish Chopra submitted that appointee applied for her selection under ST category on the basis of scheduled Tribe Category certificate which she obtained by sheer misrepresentation and in connivance with the revenue officials. The court was informed that the appointee, Ruhi, in fact belongs to open merit category but in the year 2010, she got married to Sikander Mehmood who belongs to tehsil Mendhar in Poonch district and is a member of ST Category.
After her marriage in 2010, Ruhi managed to secure ST category certificate in 2012 which was issued in her favour by Tehsildar, Mendhar on 13th April, 2012. This certificate is apparently issued in utter violation and contravention of the J&K Reservation Act and rules framed thereunder.
Justice Janak Raj Kotwal, after hearing Advocate Monish Chopra and Senior Advocate MA Goni with Advocate Mumtaz Chudhary appearing for the private respondent issued notice to State and others stating that a candidate who had the advantageous start in life being born in forward caste and had march of advantageous life but is transplanted in backward caste by adoption or marriage or conversion, does not become eligible to the benefit of reservation under Article 15(4) status of Scheduled Caste. By voluntary mobility into these categories would play fraud on the Constitution, and would frustrate the benign constitutional policy under Articles 15(4) and 16 (4) of the Constitution, it further observed.
The Court further observed that the case for showing indulgence as has been found and meanwhile, as ad interim, subject to objections and till next date before the Bench, selection of respondent, Ruhi, wife of Sikander Mehmood for the post of Medical Officer (Ayurvedic) under ST category vide notification No. 30-PSC(DR-P) of 2016 dated 14th November, 2016 shall stay and she be not appointed.
