Caste Certificate - Additional Deputy Commissioner does not have the jurisdiction to cancel caste certificates

Jammu and Kashmir High Court Quashes Cancellation of Caste Certificates. Court Rules Additional Deputy Commissioner Lacked Jurisdiction; Allows Petitioners to Resume Duties

In a landmark judgment, the Jammu and Kashmir High Court quashed orders cancelling caste certificates and disqualifying Santosh Kumari and others from their elected positions. The judgment, delivered by Justice Sanjay Dhar, concluded that the Additional Deputy Commissioner did not possess the jurisdiction to cancel caste certificates as per the Jammu and Kashmir Reservation Act, 2004. The petitioners, originally belonging to the 'Basith' Scheduled Caste community, were erroneously recorded as 'Vashisht Rajput' due to historical misclassification.

The court held that only the Deputy Commissioner or Divisional Commissioner are vested with the powers to address appeals or revisions concerning caste certificates under Sections 17 and 18 of the Act. The Additional Deputy Commissioner's orders were deemed without jurisdiction and thus, invalid.

The petitioners argued that their caste had been recorded incorrectly due to a 1955 government communication which led to widespread confusion. Despite this misclassification, the court emphasized that caste is determined by birth and remains static, aligning with precedents set by the Supreme Court. Consequently, the petitioners' status as members of the 'Basith' Scheduled Caste community should remain unchanged.

Justice Dhar's ruling reinstates Santosh Kumari and others in their roles as Sarpanch/Panch for the Panchayat Halqa Bhajnowa, provided the Panchayat's term has not expired. This decision underscores the importance of jurisdictional accuracy and the immutable nature of caste status.

The judgment further highlighted the procedural lapses in the cancellation of caste certificates and mutation orders without adequate inquiry into the historical and factual claims of the petitioners. The court's ruling not only restores the petitioners' positions but also sets a precedent for handling similar cases with due diligence.

Bottom Line:

The Additional Deputy Commissioner does not have the jurisdiction to cancel caste certificates under Section 17 of the Jammu and Kashmir Reservation Act, 2004, and such powers are vested only with the Deputy Commissioner or Divisional Commissioner.

Statutory provision(s): Jammu and Kashmir Reservation Act, 2004 Sections 17, 18, 24

Santosh Kumari v. UT of J&K, (Jammu And Kashmir) : Law Finder Doc Id # 2782146