HC quashes order of cancellation of backward certificates

The High Court today allowed a batch of petitions and quashed the order of cancellation of backward certificates to various persons by recording that the competent authority issued these certificates after following due procedure of law.

The order of cancellation of backward certificates were cancelled by the Deputy Commissioner concerned on some complaints and the aggrieved persons challenged their cancellation of backward certificates by way of various petitions.

Justice Sanjeev Kumar in an elaborated common judgment while allowing these petitions recorded that once the Competent Authority issues a certificate in favour of a person certifying him to be a member of Schedule Tribe Community, there shall be presumption that the certificate has been issued after following the procedure laid down in the Act and the Rules of 2005.

Court said unless such certificate is challenged by the aggrieved person by filing an appeal before the Appellate Authority, the same shall be presumed to be valid, the complaints by busy bodies or the bad competitors, notwithstanding.

“I have no doubt in my mind that it is not for this Court to hold an enquiry to find out whether the petitioners actually belong to the Gujjar Community and, therefore, a Scheduled Tribe in terms of the Presidential Scheduled Tribe Order of 1989. The Scheduled Tribe Order of 1989 promulgated by the President specified the Tribe “Gujjar” and, therefore, all those, who belong to the Gujjar Community, are to be notified as Scheduled Tribes and given the benefit of reservation envisaged under Reservation Act of 2004 and the Rules of 2005 framed there-under”, Justice Kumar held.

Court on withdrawing or cancelling such kind of certificates said that once a certificate of reserved category is issued by the Competent Authority in favour of a person, same can only be withdrawn by the Appellate Authority in the exercise of powers conferred upon it and such power can be exercised only after giving reasonable opportunity of being heard to the person concerned.

Court has held the cancellation of certificates by Deputy Commissioner as null and void as being passed in violation of the Provisions of law. “For the forgoing reasons and in the light of discussions the writ petition being is allowed. The order impugned passed by the Deputy Commissioner, Anantnag, cancelling the ST Category Certificates issued in favour of the petitioners, is quashed. The petitioners shall be entitled to all the benefits emanating from the said certificates”, Justice Kumar concluded.