Yasir Hamid Chalkoo vs Ut Of J&K And Ors
2021 Latest Caselaw 116 j&K/2

Serial No. 104
ADMISSION
                     IN THE HIGH COURT OF JAMMU AND KASHMIR
                                  AT SRINAGAR

                                                                         Wp (c) No. 222/2021
                                                                         CM NO. 821/2021


           Yasir Hamid Chalkoo                                                  Petitioner(s)

                                             Through:-     Mr. M. S. Latief, Sr. Adv. with
                                                           Mr. Zahid Khan, Adv.

                                                     Vs.

           UT of J&K and Ors.                                                   Respondent(s)

                                            Through:-      None.
           CORAM:-
                               Hon'ble Mr. Justice Sanjay Dhar, Judge.

                                                 (O R D E R)
                                                  15.02.2021

01. Petitioner is seeking a direction to the respondent No. 2 to 5 to issue Pahari

Speaking People Certificate (PSP) in his favour, with a further direction

against the respondent No. 6 to allow him to sit/compete in the interview for

the post of Probationary Officer and the Banking Associate scheduled to be

conducted on 18th February, 2021 at his own risk and responsibility.

02. It is the case of the petitioner that he had applied for the post of Probationary

Officer pursuant to Advertisement Notice issued by the respondent No. 6 on

1st June 2020 under the Category "Pahari Speaking People" and that he had

also applied for issuance of the requisite Certificate vide his application dated

17.08.2020, but, the requisite Certificate has not been issued till date by the

respondent No. 4. It is averred that during this period, the petitioner has

already qualified the written examination and has been called to face the

interview on 18th February, 2021. According to the petitioner, he had made a AASIF GUL 2021.02.15 21:26 I attest to the accuracy and integrity of this document

WP (C) No. 222/2021 CM No. 821/2021

representation to the respondent No. 3, making a request for expeditious

disposal of his application for grant of Pahari Speaking Certificate (PSP) but

the same has not been granted till date. Learned counsel for the petitioner has

contended that as per Rule 23 of the Jammu and Kashmir Reservation Rules,

application for grant of certificate has to be disposed of within a period of 15

days. He has further, on the basis of judgment reported in AIR 2016 (J&K) 90

titled Competent Authority Vs. Mahesh Kumar Raina contended that a

category certificate is required to be produced on the finalization of the

selection and it is not necessary to produce such certificate at the time of

interview.

03. From the submissions made by the learned counsel for the petitioner, a prima

facie case for grant of interim relief is made out.

04. Issue notice to the respondents.

05. In the meantime, respondent No. 6 is directed to permit the petitioner to sit in

the interview at his own risk and responsibility subject to the condition that

the petitioner shall produce the requisite certificate before the finalization of

the selection, failing which it shall be deemed that he does not belong to the

category in question. Further a direction is issued to the respondent No. 4 to

take a decision on the application of the petitioner within 15 days.

List on 23rd March, 2021.

(Sanjay Dhar) Judge SRINAGAR 15.02.2021 "Aasif

AASIF GUL 2021.02.15 21:26 I attest to the accuracy and integrity of this document