Arshad Hussain vs State of Jammu and Kashmir

Circumstances under which this petition has come to be filed in this court be noticed. The petitioner is seeking a Government Job. He wanted to

take benefits of ""Resident of backward Area"" Category. For this a certificate is supposed to be issued by the concerned Tehsildar of the Area.

Tehsildar Doda rejected the application on 18th of November 1997. It was held that the income of the brother of the petitioner could not he

excluded in determining the income of petitioner's family.

Under rules an appeal was preferred. This appeal was taken up for consideration. An order came to be passed by the appellant authority on

15th of December 1997. The affelcate authority was faced with the question as to whether the income of the brother could be excluded while

determining the income of the family of the petitioner. Appellant authority even though came to the conclusion that this requires to be examined in

depth and sought legal opinion; at the same time the appeal was rejected also. Para 13 of the order passed by Deputy Commissioner Doda reads

as under:

In such circumstances, the undersigned is in agreement with the procedure adopted by Tehsildar Doda for calculation of income of the family of

the appellant.

However, we would like to have a legal opinion in the matter. Accordingly, it is requested that necessary guidelines regarding the issue, whether the

procedure adopted by Tehsildar Doda for calculation of income of appellant is correct or not may kindly be issued.

In my opinion income of the brother of the petitioner could not be taken into consideration while determining the income of the petitioner family

which Consists of the petitioner and his father. It would be advantageous to take notice of the decision in the case reported as Bhagwan Ji Mohan

Bhat Kathna Vs. State of Gujrat 1996(1) SCT 364. In the above case it was held that the income of the brother of the person seeking

Government job could not be included in the income of such a person's family. When taking income of the brother, the appointment was denied,

this was held to be bad. What was said in the aforementioned decision would apply to the facts of this case also. The income of the brother has to

he excluded. Petition admitted.

With the consent of the parties, it is taken up for final disposal.

This petition is allowed. The decision given by the Tehsildar Doda and Deputy Commissioner Doda is set aside. Tehsildar Doda would proceed

further in the matter and issue the requisite certificate within a period of one week, from the date of receipt of copy of this order alongwith writ

petition and annexures.

There would be no order as to costs.