Ankur Sharma vs Union Of India And Ors Ministry Of ... on 12 March, 2018

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Supreme Court - Daily Orders

Ankur Sharma vs Union Of India And Ors Ministry Of ... on 12 March, 2018

Author: Chief Justice

Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud

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                                          IN THE SUPREME COURT OF INDIA
                                            CIVIL ORIGINAL JURISDICTION

                                         WRIT PETITION(C) No.489 OF 2016


     ANKUR SHARMA                                                                     ......PETITIONER

                                                          VERSUS


     UNION OF INDIA THROUGH IT SECRETARY,
     MINISTRY OF MINORITY AFFAIRS AND ORS                                           .......RESPONDENTS


                                                       O R D E R

Though the present writ petition has been filed for multiple reliefs, yet keeping in view the facts and circumstances of the case, we think it appropriate to only address to the prayer for setting up a State Minority Commission for the State of Jammu and Kashmir. Be it noted, the prayer mentions for issue of an appropriate writ, order or direction to the State to pass an appropriate legislation. It needs no special emphasis to state that this Court cannot direct the State to bring a legislation. However, we had directed the Union of India and the State of Jammu and Kashmir to obtain instructions.

It is submitted by Mr.K.K.Venugopal, learned Attorney General appearing on behalf of the Union of India and Mr.Rakesh Dwivedi, learned senior counsel appearing on behalf of the State of Jammu and Kashmir that a Memorandum has been drafted on 23.02.2018. They have drawn our attention to paragraphs 9 and 10 of the same. Signature Not Verified Digitally signed by They read as follows:

CHETAN KUMAR

Date: 2018.03.13 17:34:53 TLT Reason:

“9. The State Govt. of J & K has, in principle, given indication that the State Government will consider and examine the need and feasibility of 2 setting up State Minority Commission at the relevant point of time as and when need arises based upon the critical study of the social and educational backwardness of the minorities spread across various regions of the State.

10. Further, it has also been stated that considering special needs of the minorities as are residing in the State of Jammu and Kashmir, a special project Chief Ministers' Inclusive Development Initiative' is being formulated by the State Government. The said project will have focused development efforts for certain special segments of the society and will include upgrading civic infrastructure such as health, education, water etc. scholarship scheme for students not covered under schemes of Ministry of Minority Affairs, i.e. Pre-Matric, Post Matric and Merti-cum-Means scholarships, and other such schemes so as to take care of the difficulties of special segments of the population including minorities residing in the State of Jammu and Kashmir.” In our considered opinion, the grievance made in the petition stands mitigated for the present. We can only suggest to the respondents to see that the stipulations made in paragraphs 9 and 10 of the Office Memorandum dated 23.02.2018 are looked into with necessary concern.

The writ petition is accordingly disposed of. There shall be no order as to costs.

.........................CJI.

(DIPAK MISRA) ….........................J. (A.M.KHANWILKAR) ..........................J. (Dr.D.Y.CHANDRACHUD) NEW DELHI;

MARCH 12, 2018.

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ITEM NO.35                COURT NO.1                 SECTION PIL-W

                S U P R E M E C O U R T O F      I N D I A
                        RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s).489/2016 ANKUR SHARMA Petitioner(s) VERSUS UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF MINORITY AFFAIRS & ORS. Respondent(s) (FOR PERMISSION TO APPEAR AND ARGUE IN PERSON ON IA 1/2016 FOR DIRECTION ON IA 2/2016) Date : 12-03-2018 These matters were called on for hearing today. CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Petitioner-in-person For Respondent(s) Mr.K.K.Venugopal, AG Mr.Rajat Nair, Adv.

Ms.Rashmi Malhotra, Adv.

Mr.Rohit Bhatt, Adv.

Mr.Raj Bahadur, Adv.

For State of J&K Mr.Rakesh Dwivedi, Sr.Adv.

Mr.Jahangir Iqbal Ganai, Advocate General Mr. M. Shoeb Alam, AOR Ms.Fuzia Shakil, Adv.

Mr.Ujjwal Singh, Adv.

Mr.Mojahid Karim Khan, Adv.

UPON hearing the counsel the Court made the following O R D E R The writ petition is disposed of in terms of the signed order. There shall be no order as to costs.

(Chetan Kumar )                                   (H.S.Parasher)
 Court Master                                  Assistant Registrar

(Signed order is placed on the file)

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