HC directs UT, Backward Classes Commission to disclose stance

Saini community challenges inclusion as Social Caste

Excelsior Correspondent
JAMMU, Oct 19: High Court of Jammu & Kashmir and Ladakh has directed Commissioner/Secretary of Social Welfare Department, Socially and Educationally Backward Classes Commission, Divisional Commissioner, Jammu and Deputy Commissioners of Jammu, Samba and Kathua to file their stance before the next date of hearing in a writ petition filed by members of Saini Community challenging SO. 537 dated October, 19, 2022 issued by the Social Welfare Department to the extent of the amendment which has been made in the J&K Reservation Rules, 2005 by adding ‘Saini’ Caste as a weak and underprivileged class (Social Caste) at Entry No. 31 into Annexure-D.
After hearing Advocate Sheikh Najeeb with Advocate Rahul Raina for the petitioners, Justice Puneet Gupta observed, “Advocate Sheikh Najeeb has submitted that as per the response to the grievance projected on the J&K Grievance Redressal Portal, the Social Welfare Department has responded on June 12, 2023 that the SO 537 dated 19.10.2022 has been kept in abeyance by the Government till further orders”.
“Advocate Sheikh Najeeb has further submitted that interim relief may be granted by directing the Govt of J&K not to issue caste certificates under S. 537 in favour of the members of the Saini Community as the said caste is a upper caste”, High Court said.
After considering the submissions of Advocate Sheikh Najeeb with Advocate Rahul Raina appearing for the members of Saini Community, Justice Puneet Gupta issued notices to the UT functionaries which were accepted in the open court by Advocate Vidushi Singh appearing vice Senior AAG Monika Kohli on behalf of Govt. of J&K.
The court directed that objections be filed by the next date of hearing—October 18, 2023.