Srinagar, June 21 : High Court has asked a medico to approach the competent forum to seek enquiry and cancellation of alleged fake backward certificates issued in favour of two Medical Officers in Indian Medicine System (ISM).
Dr Suresh Kumar approached the court seeking cancellation of alleged fake reserved category (RBA) certificate issued by the competent authority in favour of two MOs as also the promotion which they have obtained in lieu of these certificates.
Petitioner-Kumar alleges that both the MOs have been promoted as Assistant Divisional Medical Officer (ADMO) on the basis of their RBA certificates in the department of India System of Medicine (ISM).
“I find no justification to entertain this petition and the same is, accordingly, dismissed along with the connected application. It shall, however, remain open to the petitioner to work out his remedy before the competent forum in accordance with law and as per the observations made hereinabove”, Justice Sanjeev Kumar concluded.
The grievance of the petitioner-Kumar as projected before the court was that the concealment of material facts and by playing fraud both the ADMOs have obtained category certificates and on the basis thereof have succeeded in getting accelerated promotion.
Court however, said the allegations made, on the face of record, involve adjudication of complicated disputed facts and the determination of same may require documentary evidence.
Court while referring to Section 16 and 17 of Reservation Act of 2004 said the order of the competent authority under Section 16, whereby the application for grant of reserved category certificate is either accepted or rejected, is appealable before the Appellate Authority at the instance of any person aggrieved.
Court in view of these facts and controversy involved in the matter said it necessarily needs evidence and a sort of trial/enquiry to determine the facts of complicated nature for this writ petition is not the appropriate remedy as such declined to exercise the powers under extraordinary writ jurisdiction.