High Court Stays Rejection Order of ADC Jammu, Asks for Expeditious Review

 " Issuance of Pahari  ST  Certificate to Residents of Non-Pahari Speaking Areas "

Jammu, 09/May/2025: In a significant development, Justice Mohd. Yousuf Wani has stayed the order of the Additional Deputy Commissioner, Jammu, wherein the ADC Jammu, vide his office order dated 19/10/2024, had rejected the appeal of the petitioner Garvit Raina, a student of 27 years and upheld the order of the Tehsildar RS Pura, Jammu, who had already rejected the application of the petitioner for the issuance of a Scheduled Tribe Certificate claiming to be a member of the Pahari Speaking Clan. 

 Aggrieved over the rejection of his application dated 08/08/2024 for issuance of ST certificate by the Tehsildar RS Pura, Jammu, the applicant, seeking indulgence of the office of DC Jammu, submitted a first appeal before the first Appellate Authority, i.e. Additional Deputy Commissioner, Jammu, and requested for issuance of an ST Certificate.

The petitioner had claimed to be a member of the Pahari Ethnic Clan and originally hailing from Tehsil Plandari, Poonch (POJK). The petitioner in his appeal had also submitted that his mother tongue would be Pahari. However, the office of the ADC Jammu rejected the appeal of the petitioner. 

On behalf of Garvit Raina , the petitioner, Advocate Chetan Prabhakar and Karan Prasher filed a writ petition before the High Court of Jammu and Kashmir and Ladakh and prayed for quashing the order of the ADC Jammu and for issuing directions to other respondents to issue an ST Certificate to the petitioner. 

In the petition before the court, the petitioner had stated that the intent of the legislature regarding the reservation for Pahari Ethnic Clan is not area-specific but linguistic and ethnic-specific.

The single bench court of Justice Mohd. Yusuf Wani after hearing the submissions of Advocate Chetan Prabhakar, stayed the order of the ADC Jammu and directed the ADC Jammu for an expeditious review of his order dated 19/10/2024.

This order of the High Court dated 05/05/2025 may have broader implication for individuals belonging to the Pahari community residing outside traditionally recognized areas.                              

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