Punjab and Haryana High Court stays Haryana notification modifying record of SCs

Saurabh Malik

Tribune News Service

Chandigarh, August 10

More than a 12 months after Haryana modified the record of Scheduled Castes within the state, the Punjab and Haryana High Court as we speak stayed the operation of a notification on this regard. A Division Bench of the High Court additionally stayed the operation of one other notification, whereby the state and different respondents determined to situation Scheduled Caste certificates on the idea of earlier notification.

The instructions by the Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli got here on a petition filed by Ambedkar Mission Sanstha via senior counsel Vijay Kumar Jindal and Akshay Kumar Jindal. The matter was heard via video-conferencing.

The Bench, through the course of listening to, was informed the record of Scheduled Castes and Other Backward Classes in Haryana was issued by the Central authorities underneath Article 341 of the Constitution.

While “Sansi” and another castes had been on the Scheduled Caste record, one other caste “Gadaria” was talked about underneath the OBC class. But the Haryana Government on July 5 final 12 months issued the notification underneath problem, whereby “Gadaria” was added as a synonym of “Sansi”. As such, “Gadaria” was included among the many Scheduled Caste class.

In furtherance to the notification dated July 5, 2019, Haryana got here out with one other notification on July 7, whereby instructions had been handed for issuance of Scheduled Caste certificates to members of “Gadaria” caste.

Senior advocate Jindal contended the state of Haryana lacked legislative competence to amend, fluctuate, modify or make clear the record issued by the Union of India underneath Article 341 of Constitution of India.

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