Allahabad High Court Extends Ban On Issuing SC Certificate To 18 OBC Castes

Allahabad High Court Extends Ban On Issuing SC Certificate To 18 OBC Castes

Prayagraj, May 21 (TNA) The Allahabad High Court had given a last chance to the state government to file its reply on the last hearing with regards to extension of ban on issuance of SC certificate to 18 OBC castes. On behalf of the state government, the court was informed that the matter was under consideration. It was said that it would be reconsidered in the cabinet meeting.

The Allahabad High Court, while hearing a petition challenging the inclusion of 18 castes of OBCs in the category of Scheduled Castes in Uttar Pradesh, has extended the ban on issuing SC certificates to these 18 castes once. Even after a lapse of almost five years reply on these petitions has not been filed.

The High Court had given the last chance to the state government to file its reply on the last hearing. The matter was being heard by a division bench of Chief Justice Rajesh Bindal and Justice JJ Munir.

Earlier, on January 24, 2017, the High Court had stayed the issuance of certificates to 18 OBC (Other Backward Classes) castes. This order was passed by the court on a public interest litigation filed by Dr. Bhimrao Ambedkar Library and Chairman of Jan Kalyan Samiti, Gorakhpur. The notification to include 18 castes of OBC in SC was issued on 22 December 2016 in the then Akhilesh government. After this, on June 24, 2019, the notification was issued in the Yogi government. The High Court has also stayed this notification.

The petitioner has argued that only the Parliament of India has the right to include OBC castes in the SC category. The states have not been given any authority in this matter. On this basis, the High Court has stayed the issuance of SC certificate. A notification was issued to include OBC's Majhwar, Kahar, Kashyap, Kewat, Mallah, Nishad, Kumhar, Prajapati, Dhivar, Bind, Bhar, Rajbhar, Dhiman, Batham, Turha Godiya, Manjhi and Fisherman castes in the SC. The next hearing in this matter will be held in the first week of July.

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