JUDGMENT Hon'ble Mr. Justice Muzaffar Hussain Attar, Judge 1. Following reliefs are sought in this petition: i. Certiorari, the impugned order/communication dated 29th June, 1998 bearing No. GAD (MTG) STS/126/77/93 issued by respondent no. 2 be quashed. ii. Mandamus, commanding the respondent no. 3 and 4 not to issue any certificate on the basis of the order impunged dated 29th June, 1998. The Government of Jammu and Kashmir may also be directed to direct its functionaries not to entertain any certificate issued by Tehsildar Gurez or Deputy Commissioner Baramulla in pursuance of order impugned that is letter no. GAD (MTG) STS/126 /77/93 dated 29th June, 1998. 2. On notice issued, respondents 1 and 2 have filed reply affidavit/counter affidavit. 3. Heard learned counsel for the parties. Considered the matter. 4. Learned counsel for the petitioner submitted that grievance of the petitioner is that those of the people who belong to Dard/Shin, ethenic communities and speak Kashsmiri language in law can not be conferred with the benefit of being members of the Scheduled Tribe category. Learned counsel submitted that in view of the Constitution (Jammu and Kashsmir) Scheduled Tribes Order, 1989, issued vide notification, New Delhi, dated 7th October, 1989, the persons who are mentioned in the schedule of the said notification have been declared to be scheduled tribe and at serial no. 4 of the said schedule, besides other ethenic groups, the groups Dard and Shin have also been declared to be scheduled tribe. Learned counsel submitted that persons who speak Kashmiri language are not eligible to get benefits of being members of the Schedule Tribe category. 5. Respondents 1 and 2 in their reply affidavit/counter affidavit have stated as under: i. In the present petition the petitioners challenge the letter dated 29th June, 1993 addressed by the respondent no. 2 to respondent no. 3 whereby the letter has been informed that whole of Gureq belongs to the ethanic group 'Dard and Shin' and thus qualify for issuance of the scheduled caste certificate. The ltter was issued after the General Administration Department received various communications from Revenue Authorities including respondents 3 to 4 who had asked for clearification as to whether those residents of Gurez who sepak Kashmiri language besides Dard and Shin can also be certified as belonging to swcfheduled tribe. The ltter was issued after the General Administration Department received various communications from Revenue Authorities including respondents 3 to 4 who had asked for clearification as to whether those residents of Gurez who sepak Kashmiri language besides Dard and Shin can also be certified as belonging to swcfheduled tribe. In the meantime representations were received from the inhabitants of the village Darwar, Faqirpora, Bugtoor and Nair of Tehsil Gurez wherein they projected that their mother toungs is Sheen but the scheduled tribe certificates are being refused to them on the ground that they also speak Kashmiri language. 6. It is submitted that before declaring ethenic group as scheduled triber in our state the Government of India has conducted the ethenicd survey special sensus. The Registrar of General of India after holding the survey of ethenic groups recommended inclusion of various communities in the scheduled tribes in the Jammu and Kashmir besides other communities, it recommended 'Boopka, Dropka, Dard and Sheen' for inclusion in the scheduled tribes. While conducting the survey the members of such community where found to be residents of those areas which remain snow bound for seven months and face un-hospitable climatic conditions and their language was found shee extra. Most of them were found followers of Islam and some of them were found Budhist. Their traditional occupation was found maring of live stock and construction works. Majority of them were found to be in position of un-economic land holdings. 7. Merely because any of them speak Kashmiri language also besides their mother tounge Dard/Sheen would not include them from the category of scheduled tribe. The inhabitants of Gurez alongwith their representations also produced extracts from various publications of eminent authors to project that the residents of Gurez are Dard by race even if they speak Kashmiri language. Under these circumsntaces, it was not proper to deny the status of scheduled tribes to all those persons who claim to be Dard/Sheen and possess such characteristics. It is submitted that even if a particular person who may not belong such community succeeds to obtain a certificate of being scheduled tribe, the approapriate remedy is to file an appeal before the Deptuy Commissioner. This Hon'ble Court can not in its writ jurisdiction got into the question as to whether the particular person belongs to the schedule tribe or not. This Hon'ble Court can not in its writ jurisdiction got into the question as to whether the particular person belongs to the schedule tribe or not. 3 to 5/ In reply to paras 3 to 5 it is submitted that the President of India in exercise of powers conferred by clause 1 of Article of the Constitution of India has issued constitution (Jammu and Kashmir) Scheduled Tribe Order 1989 which declares besides ptgjer tribes Dard, Shin as scheduled tribe. The State Government has framed Jammu and Kashmir Scheduled Tribe Issuance of Certificate Rules, 1990, which provides the procedure for granting certificates in favour of the persons belonging to the scheduled tribe. 7 to 8 In reply to paras 7 and 8 it is submitted that the certificate under the Jammu and Kashmir Schedule Tribe Issuance of Certificate Rules can be granted in favour of the persons who belong to scheduled tribes but it is also a fact that the persons who claim to be the members of said community and also substantiate their claim by producing documentary evidence cannot be denied the said certificate. So far as the pendency of the writ petion no. 2420 of 1991 is concerned, it is submitted that the replying respondent is not a party to the said writ petition and, therefore, the reply respondent is not in a position to comment anything further in this regard. 8. Learned counsel for the respondents submitted that the Government of India through its expert body conducted survey and it is on the basis of that survey report that the order/notification dated 7th October, 1989 was issued. Learned counsel submitted that in terms of Rule 9 and 10 of the Rules called Jammu and Kashmir Scheduled Tribes (Issuance of Certificate) Rules, 1990, any grievance about the issuance of Scheduled Tribe certificate can be projected before the Deputy Commisioner who can take a suomoto cognizance in the matter and deal with the same. Learned counsel refered to Rule 10 of the aforementioned rules which provide that any person who obtaines the certificate of being member of the Scheduled Tribe under these ruleps by misrepresentation, fraud or concealment of any material facts, impersonation shall in addition to prosecution, under the law for time being in force, be liable to; removal or dismissal, if he has secured appointment on the basis of such certificate. Learned counsel submitted that in order to dislodge the claim of those Dard/Shin community people who speak Kashmiri language, the petitioner sould have approached the concerned authority in the first instance. 9. The survey report which became basis for declaring Dard/Shin as Scheduled Tribe has not been called in question in this writ petition. In absence of challenge to the report which has become basis for issuance of the Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989, the claim of the petitioner can not be entertained. If the petitioner has any grievance, he can approach the appropriate authority by filing appropriate proceedings supported with the relevant material and it is for the appropriate authority to consider the same and pass appropriate orders. In the manner, this writ petition has been filed, in view of the above stated facts, can not beget any relief in favour of the petitioner. The petitioner, if has any grievance can approach the competent authority. 10. For the above stated reasons, this petition is held not maintainable and is accordingly dismissed. However, liberty is granted to the petitioner to approach the competent authority to seek redressal of his grievances.