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2011 Supreme(J&K) 344

MUZAFFAR HUSSAIN ATTAR
Dard/Shin schedule Tribe Welfare Comm. – Appellant
Versus
State of J&K & Ors. – Respondent


Advocates Appeared:
Mrs. Rehana vice Z. A. Qureshi, Advocate for Petitioner.
Mr. Javed Iqbal, Advocate for respondents.

(Oral)

1. Following reliefs are sought in this petition: -

"i. Certiorari, the impugned order/ communication dated 29th June, 1998 bearing No. GAD (MTG) STS/ 126/77/93 issued by respondent No. 2 be quashed.

i. Mandamus, commanding the respondent No. 3 and 4 not to issue any certificate on the basis of order impugned dated 29th June, 1998. The Government of Jammu and Kashmir may also be directed to direct its functionaries not to entertain any certificate issued by Tehsildar Gurez or Deputy Commissioner Baramulla in pursuance of order impugned that is letter No. GAD (MTG) STS/126/77/93 dated 29th June, 1998."

2. On notice issued, respondents 1 and 2 have filed reply affidavit/counter affidavit.

3. Heard learned counsel for the parties. Considered the matter.

4. Learned counsel for the petitioner submitted that grievance of the petitioner is that those of the people who belong to Dard/Shin, ethenic communities and speak Kashmiri language in law can not be conferred with the benefit of being members of the Scheduled Tribe category. Learned counsel submitted that in view of the Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989, issued vide notification, New Delhi, dated 7th Octob










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