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Jammu & Kashmir High Court
Garvit Raina vs Ut Of J&K & Ors on 7 February, 2026
Serial No. 46
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 231/2026
CM No. 542/2026
Garvit Raina .....Appellant(s)/Petitioner(s)
Through: Mr. Abhinav Sharma, Sr. Advocate with
Mr. Abirash Sharma, Advocate
vs
UT of J&K & Ors. ..... Respondent(s)
Through: Ms. Chetna Manhas, Advocate vice
Mrs. Monika Kohli, Sr. AAG
Ms. Monika Thakur, Advocate vice
Mr. Ravinder Gupta, AAG
CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER
(07.02.2026)
The petitioner, through the medium of this petition, seeks to quash the order
No. TRSP/OQ/2025-26/782 dated 06.01.2026 passed by respondent No. 4
whereby and whereunder, the application filed by the petitioner for issuance of
Schedule Tribe (ST-2) certificate under Pahari Ethnic Group has been rejected for
want of guidelines to be issued by the Government of Jammu & Kashmir for grant
of such certificate to refugees/displaced persons from POJK.
Learned Senior Counsel for the petitioner submits that the plea for issuance
of certificate has been deferred by the authority concerned for want of instructions
from the Government whereas, the petitioner intends to apply for the posts of
Medical Officer (Allopathic) advertised by the respondent-Jammu & Kashmir
Public Service Commission vide Notification No. 20-PSC (DR-P) of 2025 dated
31.12.2025 and that the petitioner has already applied under ST-2 Category,
however, in absence of certificate, his application has not been entertained by the
Public Service Commission under ST-2 category. He also submits that the
petitioner who is a person having domicile and also a pahari speaking person is
entitled to be granted a certificate in his favour. Learned Senior Counsel for the
petitioner seeks a direction to the Public Service Commission to treat the
petitioner having applied under the ST-2 Category subject to production of
certificate at later stage.
Heard.
Issue notice. Notice waived by Ms. Chetna Manhas, Assisting Counsel
appearing vice Mrs. Monika Kohli, learned Sr. AAG on behalf of respondent Nos.
2 to 4 and by Ms. Monika Thakur, Assisting Counsel appearing vice Mr. Ravinder
Gupta, learned AAG on behalf of respondent No. 1.
Notice shall be issued to respondent No. 6, returnable within four weeks.
At this stage, there is no need to issue notice to respondent No. 5.
List on 10.03.2026.
On consideration of this matter, having regard to the career of the
petitioner, it is found that the matter requires indulgence by this Court at this
interim stage.
Subject to objections from the other side and till next date of hearing, it is
directed that the respondent-J&K Public Service Commission shall treat the
petitioner under ST-2 Category, however, the result of the petitioner in the
selection process, pursuant to PSC Notification No. 20-PSC (DR-P) of 2025 dated
31.12.2025, shall await production of requisite certificate.
(M A CHOWDHARY)
JUDGE
Jammu
07.02.2026
Tarun/PS
