No reservation certificate to Saini community, orders High Court

Jammu, November 30

In a significant order, Justice Rajnesh Oswal of the High Court of J&K and Ladakh has disposed of a writ petition filed by the members of the Saini community directing the senior officials of the UT that till the final decision is taken by the government, no reservation certificate should be issued in favour of any member of community.

The HC directed Commissioner/Secretary, Social Welfare Department; Secretary, J&K Socially & Educationally Backward Classes Commission and Divisional Commissioner, Jammu, to ensure that the certificates should not be issued till the status of the Saini community as Socially Weak & Underprivileged Class (Social Caste) is finally determined by the government of J&K. The community is not interested in reservation.

These directions were issued on a writ petition filed by the members of Saini community through advocate Sheikh Shakeel Ahmed. However, the arguing counsel was Sheikh Najeeb.

After hearing the arguments, Justice Rajnesh Oswal observed that Social Welfare Department and Divisional Commissioner, Jammu, have filed response thereby stating that the Statutory Order (SO) No.537 dated October 19, 2022 to the extent of including the Saini Community within the category of Weak & Underprivileged Classes (Social Caste) has been kept in abeyance till further orders and the same is not operative at the moment.

Advocate Sheikh Najeeb submitted that the order was issued against the wishes of the Saini community which is an upper caste and is not interested in claiming the benefit of reservation.

After considering the submissions of Saini community, Justice Rajnesh Oswal observed and directed that in view of the admission of the Government of J&K to the extent of adding the Saini community to the J&K Reservation Rules, 2005, and the same having been kept in abeyance and in view of this, the instant petition is disposed of by directing the Government of J&K to ensure that till the final decision is taken in this regard, no certificate is issued in favour of any member of Saini community and certificates already issued shall not be given effect thereto, till the status of the Saini community is finally determined by the government.