Jammu- The High Court of J&K and Ladakh has barred the administration from granting caste certificates in favour of individuals from Saini Community until it “takes final decision”.
A bench of Justice Rajnesh Oswal also ordered that the certificates already issued shall not be given effect till the status of the Saini Community as socially weak and under privileged class (Social Caste) is finally determined by the Government.
The court passed these directions while hearing a plea filed by the members of the Saini community assailing their inclusion as a weak and underprivileged (social caste) by way of a Government order dated October 19, 2022.
In their plea, the community had also prayed for directions upon the administration not to issue caste certificates to the members of their community on the basis of order.
The court’s order followed by the government, stating that the SO No. 537 dated 19.10.2022 to the extent of including the Saini Community within the category of weak and under privileged classes (Social Caste) has been kept in abeyance till further orders and the same was not operative at the moment.
“In view of the above admission of the respondent Nos. 1 and 3 that the SO 537 dated 19.10.2022 to the extent of adding the Saini Community as entry No. 31 in annexure D to the Jammu and Kashmir Reservation Rules, , the present petition is disposed of by directing the respondent Nos. 1 and 3 (authorities) to ensure that till the final decision is taken by the Government in this regard, no certificate is issued in favour of any member of Saini Community and the certificates already issued shall not be given effect thereto, till the status of the Saini Community as socially weak and under privileged class (Social Caste) is finally determined by the Government,” the court said, adding, “The petitioner shall be at liberty to approach the Court afresh in the event any adverse decision is taken by the Competent Authority in respect of the status of the Saini Community.”
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