J&K&L High Court Cautions UT Govt Over Repeated Default In PIL On Grant Of ST Status To 1947 PoJK Displaced Persons
LIVELAW NEWS NETWORK
19 Feb 2026 6:30 PM IST
The High Court of Jammu & Kashmir and Ladakh on Monday came down heavily on the Union Territory administration for its continued failure to file a response in a Public Interest Litigation (PIL) raising issues relating to the grant of Scheduled Tribe (ST) status, cautioning that further non-compliance would invite appropriate orders in accordance with law.
“… Though, there is hardly any justification to defer the proceedings any further, but since Ms. Monika Kohli, learned Sr.AAG undertakes to ensure that the reply shall be filed three days prior to the adjourned date, the matter is adjourned to 23.03.2026. However, it is made clear that in the event of default, appropriate orders shall follow”,the court remarked.
A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal was hearing the PIL filed by the Jammu Kashmir Sharnarthi Action Committee through its President, Gurdev Singh. The Bench noted that despite repeated opportunities, the respondents had failed to place their reply on record and once again sought an adjournment.
The PIL concerns 1947 PoJK displaced persons seeking ST status and Pahari Speaking People certificates after the inclusion of the Pahari community as a Scheduled Tribe in 2024. The petition alleges that despite sharing the same ethnic and linguistic identity, displaced families are being denied certificates due to residence-based criteria.
Observing that there was hardly any justification to defer the proceedings further, the Court nevertheless adjourned the matter after Ms. Monika Kohli, Senior Additional Advocate General, appearing for the UT Government, undertook to ensure that the reply would be filed at least three days prior to the next date of hearing.
During the course of hearing, Advocate Siddhant Gupta, appearing for the petitioner, brought to the notice of the Court a communication dated February 4, 2026, issued by the Social Welfare Department, Civil Secretariat, Jammu & Kashmir. The communication clarified that the Pahari Ethnic Group (PEG) has been granted Scheduled Tribe status across the entire Union Territory on the basis of ethnicity and not geographical location, in terms of The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Act, 2024 and S.O. 176 of 2024.
Taking the document on record and marking it as an exhibit, the Bench granted liberty to the Government counsel to seek instructions and, if required, file a specific affidavit dealing with the said communication before the adjourned date.
Before parting with the order, the High Court made it unequivocally clear that any further default on the part of the respondents would result in appropriate orders being passed. The matter has now been posted on March 23, 2026 for further review.
Case Title: Jammu Kashmir Sharnarthi Action Committee Vs UT of J&K and another