High Court Restrains J&K Administration From Issuing Caste Certificates To Saini Community

The High Court of Jammu and Kashmir and Ladakh has prohibited the Union Territory Administration from granting caste certificates to individuals belonging to the Saini Community until the government definitively establishes their status as a socially disadvantaged and underprivileged group.

Justice Rajnesh Oswal passed these directions while hearing a plea moved 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 terms of 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 impugned order.

It was contended that the impugned order was issued against the preference of the Saini community, who were an upper-caste group uninterested in availing reservation benefits. Counsel added that extensive protests and discontent among the Saini community were ongoing, expressing their opposition to being categorized as part of the weak and underprivileged class.

Government counsel submitted that the order, to the extent of including the Saini community within the category of weak and underprivileged classes had been kept in abeyance and the same was not operative at the moment.

In view of the stand of the government, Justice Oswal directed,

"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,".

Disposing the petition the bench granted the liberty to the petitioner 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.

Case Title: Members of Saini Community Th. Suksham Singh Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 303

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