Court asks J&K govt to stop issuing caste certificates to Saini community

Srinagar, Dec 01: The High Court of Jammu & Kashmir and Ladakh has passed an interim order, directing the government to stop issuing caste certificates to members of Saini community till their status as a socially weak and under privileged class is determined, a media report said today.

In a case titled Members of Saini Community Th. Suksham Singh V/S UT of J&K and others, the court passed interim direction that no certificate is issued in favor of any member of Saini community till any final outcome, and added the certificates already issued shall not be given effect thereto, till the status of the community is finally determined.

Justice Rajnesh Oswal ordered that the certificates already issued shall not be given effect to for the time being, as per Bar and Bench.

"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 directed, as per the report.

The Court passed the directions in a petition filed by the members of Saini Community through one Suksham Singh challenging their social status declared by the Government of Jammu and Kashmir as a weak and underprivileged (social caste) by way of an order dated October 19, 2022.

The order under challenge had amended the Jammu and Kashmir Reservation Rules, 2005.

The petitioner's counsel Advocate Sheikh Najeeb argued that the government issued the order against the wishes of the Saini community which is an upper caste community and which is not interested in claiming the benefits of reservation.

He further submitted that there had been massive protests against the reservation and the Saini community was up in arms against their inclusion amongst weak and underprivileged class.

Senior Additional Advocate General (AAG) Ramesh Arora who appeared on behalf of respondents submitted that the order to the extent of including the Saini community within the category of weak and underprivileged class has been kept in abeyance and the same is not operative at the moment.

Accordingly, the High Court disposed of the matter and granted 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.

The Court also directed not to issue any caste certificates to individuals belonging to Saini community.