Alld HC stays Akhilesh govt's order on SC status to 17 OBCs
Allahabad: Allahabad High Court, on Tuesday, stayed Uttar Pradesh Government's order of including the 17 sub-castes in the Schedule Caste category.
The order has been passed by the division bench comprising of Chief Justice DB Bhosle and Justice Yashwant Verma.
The order was passed while hearing a Public Interest Litigation (PIL) filed Dr BR Ambedkar Granthalaya Jan kalyan a society. The society had challenged recommendation of state government to include 17 OBC category candidates in SC list.
During the course of hearing, petitioner society's counsel said that if state government will issue caste certificate of SC category to such candidates belonging to 17 castes then they will contest assembly election on seats reserved for SC category in state.
On this, Advocate General VB Singh said that state government has neither issued nor it will issue SC caste certificate to 17 OBC castes candidates who are recommended by state government to be included in SC list during pendency of this petition.
After which Court directed the principal secretary, not to issue SC category caste certificates to such candidates.
In the petition it was said that Constitution of India empowers central government to make such amendments and include a category in Schedule Caste list. Hence, such a decision made by state government is violative of Article 341 of Constitution of India as state government on its own can not initiate process of inclusion of a caste in the list of Schedule Caste.
It is to recall that on December 22, 2016, cabinet meeting presided over by Chief Minister Akhilesh Yadav recommended to include Kahar, Kashyap, Kewat, Nishad, Bind, Bhar, Prajapati, Rajbhar, Batham, Gaur, Tura, Majhi, Mallah, Kumhar, Dheemar and Machua sub-castes in the Scheduled Caste category After the state cabinet gives its nod to the proposal, it would be sent to the Centre.
The Court has fixed February 9, 2017 as next date of hearing.