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Serial No. 152

Supplementary List-2

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Date of pronouncement: 30.12.2025.

Uploaded on: 02.01.2026

WP(C) No. 3769/2025

CM No. 8581/2025

Mehak Nehru & Anr.

…..Petitioners

Through: Mr. Abid Khan, Advocate

Vs

UT of J&K & Ors.

.….Respondent

Through: Ms. Nazia Fazal, Assisting Counsel to

Mrs. Monika Kohli, Sr. AAG

CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

ORDER

(30.12.2025)

01. Two petitioners herein are siblings being children of

Smt. Rainka Devi and late Sh. Ashok Kumar Nehru.

02. The petitioners’ mother-Smt. Rainka Devi is holder of

status as Scheduled Tribe (ST) belonging to “Paddari Tribe”

being one of the Scheduled Tribes recognised under the

Constitution (Jammu & Kashmir) Scheduled Tribes Order,

1989 amended from time to time. The averment to this

effect is being referred in para 4 of the writ petition by the

petitioners. The petitioners’ mother-Smt. Rainka Devi is

possessing Tribe Certificate bearing No. JK-Rev-

WP(C) No. 3769/2025 Page 1 of 13

ST/2024/203599 dated 18.12.2024 issued by Tehsildar,

Atholi (Paddar) as being the Issuing Authority.

03. The petitioners claim that despite their mother Smt. Rainka

Devi’s marriage to their father Sh. Ashok Kumar Nehru,

who was a Kashmiri Pandit, in the year 1986, their mother

Smt. Rainka Devi had never left her parental home on

account of being posted as Teacher in Tehsil Atholi (Padder)

and thus, single handedly brought up the petitioners being

distanced from their father.

04. The petitioners are said to have been borne on 25.10.1988

and 13.03.1997 respectively.

05. The petitioners’ father-Sh. Ashok Kumar Nehru is said to

have expired in a state of marital split from their mother on

06.07.2000. By this reference, the petitioners claim that

they are related in every sense of matter with their mother-

Smt. Rainka Devi rather than drawing any lineage from

their father-Sh. Ashok Kumar Nehru and on that count

even reckon themselves to be belonging to “Paddari Tribe”

drawn from their mother-Smt. Rainka Devi’s said status.

06. The petitioner No. 1-Mehak Nehru, by virtue of application

reference No. JK-REV-ST/2024/89535 dated 27.07.2024,

and the petitioner No. 2 Anuj Nehru, by virtue of

application reference No. JK-REV-ST/2024/89608 dated

WP(C) No. 3769/2025 Page 2 of 13

27.07.2024, are said to have applied to the respondent No.

4-Tehsildar, Atholi (Paddar) as being the certificate issuing

authority for issuance of Paddari Tribe Certificate as being

a Scheduled Tribe category, in their respective favour.

07. The aforesaid two applications came to suffer rejection from

the end of Tehsildar, Atholi (Paddar) which led the

petitioners instead of availing any statutory remedy of

appeal/revision as provided under Section 17 of the

Jammu and Kashmir Reservation Act, 2004, to come

forward with institution of a writ petition-WP(C) No.

1175/2025 filed on 07.05.2025 in this Court thereby

seeking quashment of the rejection orders of their aforesaid

two applications for issuance of Scheduled Tribe (Paddari

Tribe) Category Certificate, and further seeking writ of

mandamus unto the Tehsildar, Atholi (Paddar) to issue the

requisite certificate in favour of the two petitioners.

08. The respective reason for rejection of said two applications

of the petitioners as given by Tehsildar, Atholi (Padder) was

separately given.

09. Said application of the petitioner No. 1-Mehak Nehru was

rejected on the following reason:

“AS PER NT REPORT, SINCE SHAJRA OF

APPLICANT IS NOT ON PATERNAL DESCENDANCY.

HENCE REJECTED”

WP(C) No. 3769/2025 Page 3 of 13

10. The application of petitioner No. 2-Anuj Nehru was rejected

on the basis of the following reason:

“AS PER NT REPORT, APPLICANT IS DIRECTED TO

UPLOAD REVENUE RECORD FROM HER HUSBAND

SIDE ALSO AND THEN APPLY. HENCE, THE

APPLICATION IS REJECTED.”

11. Instead of pursuing the aforesaid writ petition to its logical

end, the petitioners came to seek withdrawal of the writ

petition-WP(C) No. 1175/2025 with a liberty to approach

the appellate authority in terms of Section