1. Petitioner a Statistical Assistant of Agriculture Department appeared as a candidate in Kashmir Administrative Combined Service Examination (KAS) pursuant to SRO 161 dated: 17-07-1995 issued by Public Service Commission inviting applications in accordance with the rules governing direct recruitment to this services, annexed to the notification. The examination consists of two successive stages. Preliminary examination for selection of the candidates for the main examination and main examination (written & interview). The preliminary examination is in fact a screening test for the candidates to qualify and to be admitted to the main examination. The candidates obtaining minimum qualifying marks in written part of the main examination as prescribed by the Public Service Commission at their discretion are to be summoned and have to appear in interview (via-voce). The marks obtained by the candidates in main examination (both in written and interview) would determine the final placement and merit of the candidates for allotment to various Service subject to medical fitness and suitability for appointment. 2. The petitioner passed preliminary examination and appeared in the main examination. He qualified written examination and was called for interview and as per petitioner™s perception he fared well. Petitioner pleads that he belongs to socially and educationally backward class and did apply in the category of social caste. However, his final result was shown as disputed case alongwith other six candidates on suspicion borne by the Public Service Commission that his social caste certificate is doubtful. He filed writ petition (OWP No: 275/ 99) at Jammu to compel P.S.C. to declare his result. A learned Single Judge of this court while issuing notice in the main matter placed direction on record for the respondents that the selection of last candidate in social caste category shall be subject to outcome of the writ petition. 3. Subsequently petitioner was served notice dated: 26-03-99 by J&K P.S.C. (Annexure-C) informing him that on verification by Dy. A learned Single Judge of this court while issuing notice in the main matter placed direction on record for the respondents that the selection of last candidate in social caste category shall be subject to outcome of the writ petition. 3. Subsequently petitioner was served notice dated: 26-03-99 by J&K P.S.C. (Annexure-C) informing him that on verification by Dy. Commissioner Pulwama the social caste certificate produced by the petitioner was found fake, and forged therefore petitioner was asked to show cause and explain his conduct why his candidature in the J&K Combined Competitive Service Examination 1995, may not be cancelled and why he may not be debarred from appearing in any test/interview for a period of 10 years conducted by the P.S.C. On receipt of this show cause notice on 02-04-1999, petitioner did send his reply dated: 03-04-1999 (Annexure-D) wherein the report of the Dy. Commissioner about verification of his reserve category certificate was questioned as vitiated in as much as, petitioner was not given an opportunity and the verification was conducted at his back and that too when there was neither any appeal nor review/revision pending before Dy. Commissioner. Petitioner also alongside filed an application with Dy. Commissioner, Pulwama for re-verification of the certificate. The Dy. Commissioner dispatched the application and verification of the certificate to the Tehsildar. The then Tehsildar, Pulwama in his report dated: 07-04-1999 denied the issuance of certificate but opined that the certificate may have been issued by one Manzoor Ahmad Yasvi the then Tehsildar, Pulwama (Annexure-E).™ The Dy. Commissioner, Pulwama in continuation to his earlier communication to the P. S.C. endorsed this report of Tehsildar to P.S.C. with a note that said Manzoor Ahmad Yasvi the then Tehsildar Pulwama is not available as he at the relevant time has proceeded on Haj pilgrimage and therefore the genuineness of the certificate could not be verified at that movement (Annexure-F). The Public Service Commission issued another show cause notice to the petitioner on 31-05-1999 informing him to get the category certificate verified from Dy. Commissioner, Pulwama as genuine as otherwise he shall be proceeded against under law without any further notice (Annexure-G) and that the response to the earlier show cause notice (Annexure-C) is awaited. The petitioner sent his reply to this letter on 14-06-1999 informing the Commission that reply had been already sent and the Dy. Commissioner, Pulwama as genuine as otherwise he shall be proceeded against under law without any further notice (Annexure-G) and that the response to the earlier show cause notice (Annexure-C) is awaited. The petitioner sent his reply to this letter on 14-06-1999 informing the Commission that reply had been already sent and the Dy. Commissioner, Pulwama has been approached for verification of the certificate. The Dy. Commissioner entrusted the matter of verification of the certificate in the light of the correspondence to Sub-Divisional Magistrate, Shopian for a comprehensive enquiry to see if this certificate is genuine and further to report if petitioner infact is a member of social caste and if so, the caste to which he claims to belong. This was done vide communication dated; 14-07-1999 addressed to Sub-Divisional Magistrate Shopian (Annexure-H). It was followed by another letter dated: 13-08-1999 by Additional Dy. Commissioner, Pulwama addressed to S.D.M. Shopian with which letter the whole file comprising of 45 leaves was sent to him (Annexure-J).™ The SDM, Shopian conducted the enquiry. It is alleged that he had no jurisdiction to do so and he exceeded powers as it was only the Dy. Commissioner who could have heard the matter in appeal or in review/revision. Dy. Commissioner had no jurisdiction to entrust the matter to his sub-ordinate, SDM, Shopian. By doing so he fell in error. Even SDM, Shopian conducted the enquiry at petitioner™s back without associating him with the enquiry. He was not given any opportunity, S.D.M. Shopian without noting the relevant documents and appreciating the material/evidence on record filed an enquiry report with Dy. Commissioner, Pulwama dated: 15-10-1999 (Annexure-L) holding that the reserve category certificate under which the petitioner got the benefit of appearing and qualifying in the examination was fabricated and fraud. Dy. Commissioner. Pulwama on the strength of this report together with disowning of the issuance of certificate by the then Tehsildar Manzoor Ahmad Yasvi and the adverse report of F.S.L., informed the Public Service Commission that the reserve category certificate of petitioner is fake and not genuine (Annexure-K). This information was conveyed on 24-01-2000. The report of concerned was sent to the P.S.C. Petitioner again approached Dy. This information was conveyed on 24-01-2000. The report of concerned was sent to the P.S.C. Petitioner again approached Dy. Commissioner vide (Annexure-N) for re-verification of the certificate and the information based on such report conveyed by him to P. S.C. The petitioner not succeeding there has filed this writ petition seeking quashment of report and letters addressed by the Dy. Commissioner to P.S.C.. report of the S.D.M. Shopian and further seeking declaration of his result in the KAS. 4. It also needs to be noted that petitioner has filed writ petition No. 412/999 seeking quashment of said show cause notice dated: 26-03-1999 and 31-05-1999 issued by the P.S.C. (above annexures C & G) and for declaration of result in the said Combined Examination almost on identical grounds. One Abdul Hameed Kumar filed another writ petition (OWP Mo: 586/99) questioning the entitlement of Gh. Hassan Mir writ petitioner to category certificate and seeking declaration of his results in the said J&K, Combined Competitive Examination of 1995 held by P.S.C. in which examination Ab. Hameed has also appeared in preliminary and in main examination (both written and interview) on the ground that his selection/entry in the service is held back as blocked by said Gh. Hassan Mir, to whom he has made party to his writ petition, since the court has reserved last reserve category sent to be filed depending on the outcome of the writ petition(s). 5. All these writ petitions are clubbed, in as much as, common questions of fact and law are raised/involved in these cases. 6. Respondent No. 5 has filed reply. The appearance of petitioner as a candidate in the J&K Combined Competitive Service Examination 1995 in the reserve category as social caste is not denied. Petitioner is stated to have qualified preliminary and main examination as beneficiary of said social caste certificate. J&K Public Service Commission received complaints against number of examinee candidates including petitioner of not having genuine reserve certificate. The Commission approached Dy. Commissioner, Pulwama for verification of petitioner™s certificate and its genuineness. However, P.S.C. got a report from Dy. Commissioner, Pulwama that the Tehsildar who is stated to have issued certificate has denied its genuineness. PS.C. again got complaint from Ab. Hameed Kumar of SWP No; 586/99 who alongwith complaint forwarded two different certificates states to have been issued by Tehsildar Pulwama showing tampering and interpolation of caste. However, P.S.C. got a report from Dy. Commissioner, Pulwama that the Tehsildar who is stated to have issued certificate has denied its genuineness. PS.C. again got complaint from Ab. Hameed Kumar of SWP No; 586/99 who alongwith complaint forwarded two different certificates states to have been issued by Tehsildar Pulwama showing tampering and interpolation of caste. The two certificate (R1 & R3) ex-facie appearing as one and the same certificate bear two different dates. These certificates were produced before Dy. Commissioner with complaint (R-2). The S.D.M. Shopian under instructions of Dy. Commissioner, Pulwama held a detailed enquiry in the matter. The genuineness or otherwise of certificate was not only enquired but even verification of the certificate was also enquired. The assistance of Directorate of J&K F.S. Laboratory was also taken and the report of F.S. L. expert (Annexurc-R-5) also confirmed the fakeness of the certificate. The Tehsildar, Tral in his letter dated: 26-05-1999 (R-6) put up stout denial of issuance of certificate by him and also informed Dy. Commissioner Pulwama that this signature on the certificate has been forged and fabricated. The detailed report of the SDM, Shopian based on examination of records, oral statements recorded and queries made shows that the certificate is a thorough fabrication and wholly forged. No benefit can enure to the petitioner on the basis of this fake and forged certificate. 7. The counsel for other respondents M/s H.I. Hussain & Mr. R. Gadda, GA have Stated that the reply filed by respondent No. 3 may also be read as reply on behalf of other respondents. Mr. Hussain submits that as the petitioner is not empanneled or figures in selection list, therefore, question of his appointment by the Govt. does not arise and Mr. Gadda, submits that the report of the SDM, Shopian and the documents on record of other certificates most of them annexed as annexures, as admitted correct by the petitioner graphically and viewedly depict the defence to this petition, as also in reply filed by the P.S.C. (respondent No. 5). *" 8. Counsel for the parties have been heard in detail. Record has been also examined. All the matters are taken up for final disposal at this stage on agreement of the parties. 9. As seen above petitioner has offered himself as candidate in the J&K Combined Competitive Examination 1995 (advertised on 17-07-1995) as a social caste category candidate. *" 8. Counsel for the parties have been heard in detail. Record has been also examined. All the matters are taken up for final disposal at this stage on agreement of the parties. 9. As seen above petitioner has offered himself as candidate in the J&K Combined Competitive Examination 1995 (advertised on 17-07-1995) as a social caste category candidate. Petitioner sought benefit as social caste candidate "Markaban� as member of weak and under privileged class. He passed preliminary examination and qualified written part of main examination. He was called for interview. He faced interview. At this stage P.S.C. received complaints about some of the candidates including the petitioner of having procured and produced fake category certificates. The P.S.C. referred the mater to Dy. Commissioner Pulwama for verification of the certificate and for certifying the genuineness or otherwise of the certificate issued to petitioner by the concerned Tehsildar. The then Tehsildar M.A. Yasvi disowned the signatures on the certificate and reported that the certificate was fake. Petitioner was all along posted at Leh as Statistical Assistant during the period when the certificate in question is stated to have been processed. He approached the Dy. Commissioner, Pulwama for re-verification of the certificate. The Dy. Commissioner acting on his presentation and the communication of PSC, entrusted the matter to SDM. Shopian. The report of the SDM, Shopian running on number of pages (Annexure-L) and also produced by PSC as part of its record, is self-speaking. Petitioner not only associated with enquiry but his statements were also recorded twice. It was he who named M.A. Yasvi as Tehsildar who issued certificate. But M.A. Yasvi has emphatically and without eneing words stated that the social caste certificate of the petitioner is not issued by him and that his signatures on this certificate have been fabricated and forged. The statement of petitioner™s father™ and other villagers including Numberdar and Chowkidar have taken also seen by the SDM. These witnesses have spoken to the SDM. Shopian that the petitioner forged their signatures too. Even handwriting of the petitioner was also taken when he tendered additional statement and was referred to F.S.L. The expert from F.S.L. opined that the social caste certificate is fake and not genuine. 10. Petitioner™s income who is employed since 1990 is stated to be in excess of the prescribed minimum to entitle him to claim social caste certificate. Even handwriting of the petitioner was also taken when he tendered additional statement and was referred to F.S.L. The expert from F.S.L. opined that the social caste certificate is fake and not genuine. 10. Petitioner™s income who is employed since 1990 is stated to be in excess of the prescribed minimum to entitle him to claim social caste certificate. The SDM, Shopian has also recorded statement of concerned patwari and dealing assistants of Tehsil office at Pulwama and Niabat office at Palpora and Awantipora. All of them have denied that any file was prepared by the revenue officer(s) and any file regarding alleged social caste certificate of petitioner was processed. They have also stated that no social caste certificate was at all issued to petitioner by the competent Tehsildar. The revenue record was also examined and even paper found in Niabat office in this connection was fraudulent and fabricated. Shri M.A. Yasvi the then Tehsildar also Stated before SDM that the certificate is fraud and has denied that he has subscribed or appended his signature on the certificate. The list of candidates in whose cases correspondence in respect of category certificate has been made with Tehsildar by Naib-Tehsildar, did not bear the name of the petitioner or any documents connected with petitioner™s alleged category certificate case. Similarly the despatch registry or other register and documents in Tehsil office.. Pulwama do not show that the social caste certificate has been at all issued to petitioner. The SDM, Shopian has noted minutely discrepancies, improbabilities and manipulations in respect of dates, signatures etc. on relevant papers. It is on the basis of detailed enquiry that the SDM has come to the conclusion that petitioner has perpetrated fraud and acted in deceit to fabricate file and forge the certificate which is neither genuine nor issued by the competent authority. Petitioner™s claim of belonging to scheduled caste category is wholly improbable. No case of his belonging to social caste is made out. Besides the photostat of the two social caste certificates Annexure-R1 & R3 with the reply of respondent No, 5 shows that in case of R-1 against the column weak and underprivileged class (social caste), there is ˜blank space™. The social caste is not specified. This certificate is stated to have been issued on 22-05-1996. Besides the photostat of the two social caste certificates Annexure-R1 & R3 with the reply of respondent No, 5 shows that in case of R-1 against the column weak and underprivileged class (social caste), there is ˜blank space™. The social caste is not specified. This certificate is stated to have been issued on 22-05-1996. The other certificate R-3 does not show number and Date when the certificate was issued but against the above column of weak and under-privileged class (social caste) the word "Markaban" is shown™, thereby meaning that the petitioner belongs to class of persons engaged in carrying goods on hire and pony horse back etc. This interpolation read in inconjunction with statement of concerned Tehsildar M.A. Yasvi that his signatures on certificate have been forged and fabricated, suggests that the certificate has been manipulated and tailored to serve the interest of the petitioner, who is seen out and out to get benefit of social caste certificate in order to further his career interests. 11. The contention that the enquiry has been made at the back of the petitioner is without any basis. Petitioner himself has associated with the enquiry. He has tendered his statements. He has also move petition(s) before the authorities and made presentation of his case. All the relevant material papers have been with the SDM, Shopian and Dy. Commissioner Pulwama. SDM Shopian visited spot the village of petitioner™s abode. He recorded evidence including statement of petitioner™s father. All connected documents and relevant material has been examined by SDM. He also checked the office record. Enquiries have been made from concerned including Tehsildar, Naib-Tehsildar and their staff dealing with processing and issuance of category reports and/ or certificate(s). Petitioner a Govt. employee working as Statistical Assistant manipulating and forging a fake certificate, is alarming and a matter of concern. The Public Service Commission cannot be denied the right to seek information and reports, from the concerned/competent authority regarding the genuineness or otherwise of a category certificate produced before it more so when the concerned candidates claims benefit in the matter of selection and consideration to appointment on the basis of such certificate. The Public Service Commission cannot be denied the right to seek information and reports, from the concerned/competent authority regarding the genuineness or otherwise of a category certificate produced before it more so when the concerned candidates claims benefit in the matter of selection and consideration to appointment on the basis of such certificate. It is the duty of the P.S.C. and for that matter of all the authorities to see it that the benefit of reservations reaches right person(s) and not to those who by perpetrating fraud and deceit manage forged category certificate(s) and impersonate as category candidates. This practice of indulgence in manipulating fake certificate to harvest benefit of employment as reserve category candidates is depriecated. 12. To say that the social caste certificate in this case can be examined by the Dy. Commissioner only in appeal is to betray the truth. The appeal under reservation rules (SRO 126/94) can lie only if a certificate is issued under rules and not to a case where forged and fake certificate is brought on record. Such certificate cannot be said to be covered by the Reservation Rules. The so called social caste certificate there is void abinitio. Forgery and fraud vitiates the very process and invalidates the action althrough. The forged certificate in question cannot be said to be covered and issued under the Reservation Rules. To say that such a certificate can be examined in appeal by Dy. Commissioner. Pulwama only under the Reservation Rules on conditions and terms of Rules is misplacement of statement dehors the merit. This apart, the appeal under the Reservation Rules (SRO 126 of 1994) can be by a person aggrieved of an order of the authorised officer of rejection of issuance of certificate. Here it is not a case of rejection of issuance of the certificate, as provided under Rule 31 read with Rule 30 of Reservation Rules. Neither the Rules nor the appeal provision contained by the Rules, is attracted to this case. 13. Here it is not a case of rejection of issuance of the certificate, as provided under Rule 31 read with Rule 30 of Reservation Rules. Neither the Rules nor the appeal provision contained by the Rules, is attracted to this case. 13. Rule 32 providing for review/revision by the appellate authority suomoto or otherwise with a view to satisfy itself as to the legality or properiety of the proceedings or orders passed casts no fetters on the authority that the orders to be passed by such authority have to be only on enquiry conducted by the authority itself and not based on the report and enquiry conducted by his subordinate officer, besides the documents/material received by the authority from other sources. The powers of review/ revision are qualified by the only condition that the person prejudicially effected shall have to be given a reasonable opportunity of being heard. In this case as the social caste certificate in question, is not issued under rules since same is fake and fabricated, the aggrieved/prejudicially affected person (petitioner) need not be given an opportunity in case action is taken on review/revision under the Rules. In the enquiry by SDM, Shopian petitioner has been associated with the enquiry. He has been given opportunity. He associated himself with the enquiry™. He made presentations in the matter both to the Dy. Commissioner Pulwama and Public Service Commission. The action of Dy. Commissioner Pulwama in entrustment of enquiry to and seeking report from SDM, Shopian is not vitiated. In acting on record in informing the PSC about fakeness of certificate, no fault can be found with this action of D.C. Pulwama. 14. The petitioner has not been prejudiced in the least. Petitioner has himself associated with inquiry. He has made representations and tenders his own statements. It is only, when report came against-him, the awoke to question the whole process, on groundless plea that he was not heard and given opportunity in the matter. He cannot challenge a process with which he associated himself and made presentations and statements. He cannot approbate and reprobate. The respondents action(s) has been fair and non-discriminatory. There is a finding of fact regarding the fakeness of certificate on application of mind to the facts and circumstances of the case. He cannot challenge a process with which he associated himself and made presentations and statements. He cannot approbate and reprobate. The respondents action(s) has been fair and non-discriminatory. There is a finding of fact regarding the fakeness of certificate on application of mind to the facts and circumstances of the case. On consideration of evidence, material/documents after associating petitioner with the enquiry, petitioner™s litigative persistence can hardly deflect the core reality of the Reservation Certificate being a forged and fake document as made out by fair and detailed enquiry. The conduct of the writ petitioner-applicant in filing the successive writ petitions one after the other is nothing but an attempt on his part to cling on to the illusory benefit of his perception. His successive bids to derive benefit from the fake and forged certificate, by litigative persistence is reprehensible. 15. The observations of the Supreme Court in Gurdeep Singh Vs. State of J&K & Ors. (AIR 1993 SC 2638) where the court dealt with the case of admission to Professional M.BBS course obtained by illegal means; are relevant and apt to be taken note of as under :- ".... We are afraid, unduly lenient view of the courts on the basis of human consideration in regard to such excesses on the part of the authorities, has, served to create an impression that even where an advantage is secured by stratagem and trickery, it could be rationalised in courts of law. Courts do and should take human and sympathetic view of matters. That is the very essence of justice. But consideration of judicial policy also dictate that a tendency of this kind where advantage to be retained will jeopardise the purity of selection process itself; engender cynical disrespect towards the judicial process and in the last analyses embolden errent authorities and candidates into a sense of complacency and impunity that gains achieved by such wrongs could be retained by an appeal to the sympathy of the court. Such instances reduce the jurisdiction and discretion of courts into private benevolence. This tendency should be stopped..." 16. Such instances reduce the jurisdiction and discretion of courts into private benevolence. This tendency should be stopped..." 16. The show cause notice of Public Service Commission calling upon petitioner to explain why his candidature of the J&K Combined Service Competitive Examination 1995 may not be cancelled and why he may not be debarred from appearing in any test/interview for a period of 10 years conducted by the Commission, in the fact-situation and circumstances as above, cannot be said to be beyond the powers of the Commission. The P.S.C. in terms of the rules of 1973 has the statutory powers to cancel the examination of a candidate who has used unfair means. To cancel or fail a candidate in the examination of PSC and also to disqualify him from appearing in any examination held by P.S.C. for the specified period, are prescribed under the Rules as powers and function of P.S.C. Rule 20 read with Rule 18 of the above rules, clarifies this position. Since petitioner™s case is covered by the Rules, the issuance of show cause notice of being heard, as done by PSC in this case, is also statutorily covered by these rules. Therefore, no fault can be found with the show cause notices. Powers of PSC on this count cannot be questioned. The action of PSC is not vitiated. In the facts and circumstances manipulating forging and fraudulently preparing reserve category certificate by petitioner is writ large on record. Such a certificate is nullity and void abinitio. Petitioner is barred to claim any benefit on the trickery and forgery. Petitioner has not approached the court with clean hands and therefore, cannot be in que for equitable relief. In order to discourage such frivolous litigation there is need to saddle petitioner with exemplary costs. Therefore, while dismissing these writ petitions filed by Gh. Hassan Mir (OWP No: 53/2000, 4127 99 & 275/99) costs quantified at Rs.5000/- is awarded against him. OWP No: 586/99 filed by Abdul Hameed Kumar is also dismissed though in this case it is made clear that it is for the Public Service Commission to take a decision in the matter with regard to selection of a suitable candidates in Reserve Category on merits, against the post offered for selection vide SRO 161 of 1995 of J&K Combined Competitive Examination of 1995 reserved initially by this court. In the category to whom post should go, is not a matter to be adjudicated upon by this court, in the facts and circumstances of this case. The ad-interim directions in all the writ petitions shall go with the main petitions.