SRINAGAR: The Jammu and Kashmir and Ladakh High Court has issued an interim order, instructing government authorities to halt the issuance of caste certificates to the Saini community until the government conclusively determines their social status as a socially weak and underprivileged class.
This directive follows a petition by Saini community members opposing their classification as a ‘weak and underprivileged class’ and expressing their disinterest in availing reservation benefits.
Justice Rajnesh Oswal, presiding over the case emphasised that no certificates should be granted to Saini community members until the government makes a final decision on their social status. Existing certificates are also temporarily suspended pending this determination.
“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 underprivileged class (social caste) is finally determined by the government,” the Court directed.
In the petition, filed by Saini community members led by Suksham Singh, the challenge pertained to the government’s declaration of their social status as weak and underprivileged, as outlined in an order dated October 19, 2022, amending the Jammu and Kashmir Reservation Rules, 2005.
The petitioner’s counsel argued that the government’s order was imposed against the wishes of the Saini community, an upper-caste group uninterested in reservation benefits. He highlighted widespread protests and discontent within the Saini community regarding their inclusion among the socially weak and underprivileged.
Responding, the counsel for the respondents stated that the order, incorporating the Saini community into the weak and underprivileged category, is currently not in effect and has been suspended. The High Court consequently disposed of the case, allowing the petitioner the liberty to approach the Court again if any adverse decisions are made by the competent authority concerning the Saini community’s status.
The Court also explicitly prohibited the issuance of caste certificates to individuals belonging to the Saini community. Advocate Sheikh Najeeb represented the petitioners, while Senior Additional Advocate General (AAG) Ramesh Arora appeared on behalf of the respondents. (Bar and Bench)
