September 20, 2024

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Allahabad HC extends restriction on issuing SC certificate to 18 OBC castes

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LUCKNOW: The Allahabad Prime Court docket has prolonged the restriction on issuing scheduled caste (SC) certificate to 18 castes that fall below the OBC class at the moment. The state govt has now not filed its answer even after 5 years of the courtroom’s directive to it to provide its aspect in a petition in quest of the inclusion of 18 castes within the SC class.

The petition was once filed within the Prime Court docket all over the reign of the Samajwadi Birthday celebration (SP) in January, 2017. The Prime Court docket had given a final probability to the state govt to record its answer at the ultimate listening to. Then again, the state govt claimed that it was once confabulating over the problem. The state govt additionally stated that the state cupboard would once more cling a dialogue over it.

The subject is being heard through a department bench comprising Justice Rajesh Bindal and Justice JJ Munir. 

Previous to this, the Prime Court docket had put a ban at the issuance of the SC certificate to 18 OBC castes on January 24, 2017. The courtroom had handed the order hanging the restriction whilst engaging in a listening to on a petition filed through Dr Bhimrao Ambedkar Library and Public Welfare Committee of Gorakhpur.

The then Akhilesh Yadav govt issued a notification on December 22, 2016, which supplied for the inclusion of 18 OBC castes within the SC class. This was once adopted through every other such notification through the Yogi govt on June 24, 2019 however the Prime Court docket intervened and put a restriction at the procedure additionally. In 2019, Union Minister of Social Justice and Empowerment Thawarchand Gehlot had additionally expressed war of words with state govt’s notification announcing the verdict was once now not in keeping with the Charter.

Actually, the problem isn’t new to UP. The SP govt led through Mulayam Singh Yadav had issued a equivalent order again in 2005. The order have been, then again, stayed through the Allahabad Prime Court docket. Two years later, the Mayawati govt quashed the order, however therefore wrote to the central govt extending her beef up for it.

The petitioner in his plea contended that the proper to incorporate the OBC castes in SC class rested simplest with the Indian Parliament and now not the state governments. At the foundation of this argument, the Prime Court docket had stayed the federal government strategy of issuing certificate.

The castes, which the respective SP and Yogi governments supposed to incorporate within the SC class incorporated, Majhwar, Kahar, Kashyap, Kevat, Mallah, Nishad, Kumhar, Prajapati, Dheevar, Bind, Bhar, Rajbhar, Dhiman, Batham, Turha, Godia, Manjhi and Machchhua.

The courtroom has posted the following listening to for July first week.