Decide on ‘Sikh Rajput’ community’s exclusion from BC list: HC to state
The Punjab and Haryana High Court has asked the state government and the Punjab State Backward Classes Commission to take a considered decision on the plea for exclusion of the “Sikh Rajput” community from the list of backward classes (BC).
The Bench made it clear that a speaking order on the issue was required to be passed and conveyed to the petitioners seeking exclusion within 90 days.
The direction came as a Division Bench of Chief Justice Sheel Nagu and Justice Sumeet Goel disposed of a public interest litigation filed by Virinder Singh and another petitioner claiming to be public-spirited persons from the “Sikh Rajput” community. Among other things, they assailed a 2016 notification issued by Punjab Department of Welfare (Reservation Cell), whereby the community was included in the list of Punjab State Backward Classes.
It was submitted before the court that the “Sikh Rajput” community was an affluent section that neither qualified for nor desired the benefits of reservation under the backward class category.
Counsel for the petitioners — Ritu Punj, Sahaj Punj, Kulwinder Kaur and Arashdeep Kaur — submitted that several representations had been made by the community since 2017. A specific representation dated October 15, 2024, was also placed on record to emphasise the community’s consistent opposition to its inclusion in the list.
The petitioners claimed that despite assurances from various political functionaries, no concrete action had been taken to remove the community from the list. Taking note of the contentions, the Bench observed that the authority competent to decide upon the inclusion or exclusion of any community in the backward classes list was the Punjab State Backward Classes Commission, which had been set up through a notification issued on June 4, 1993.
“In view of this and the fact that the matter relates to the domain of the Punjab State Backward Classes Commission, it would be appropriate for the Commission to delve into the issue as regards exclusion of ‘Sikh Rajput’ community from the list of backward classes,” the Bench observed.
Without going into the merits of the matter, the court directed the state government and the Commission to consider the representation dated October 15, 2024, and take a reasoned decision. The court specifically directed the respondents to pass a “speaking order” and communicate it to the petitioners within an outer limit of 90 days.
