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HC quashes U.P. govt orders notifying 18 OBCs as scheduled castes
Allowing a public interest litigation (PIL) petition filed by Dr BR Ambedkar Granthalaya Evam Jan Kalyan, Gorakhpur, and others, a division bench comprising Chief Justice Rajesh Bindal and Justice JJ Munir quashed the three notifications dated December 21, 2016, December 22, 2016 and dated June 24, 2019.
The Allahabad high court on Wednesday quashed the three U.P. government orders which notified eighteen castes under other backward class (OBC) category in the list of scheduled castes.
Allowing a public interest litigation (PIL) petition filed by Dr BR Ambedkar Granthalaya Evam Jan Kalyan, Gorakhpur, and others, a division bench comprising Chief Justice Rajesh Bindal and Justice JJ Munir quashed the three notifications dated December 21, 2016, December 22, 2016 and dated June 24, 2019.
Earlier, the two notifications dated December 21, 2016 and December 22, 2016 issued by the previous Samajwadi Party government were challenged on the ground that same were without authority as provided under Article 341 of the Constitution. By these notifications, 18 castes under the OBC were included in the scheduled caste (SC) category.
Initially, while hearing the PIL, the court had passed the interim order in favour of petitioner and directed to not issue any caste certificates.
However, during the pendency of the PIL, another notification to the same effect was issued on June 24, 2019 by the incumbent government. This notification was also challenged and, in this case too, an interim order was passed.
On Wednesday, after hearing counsel for the parties, the court was of the view that it was the central government which was empowered to bring a caste in scheduled caste category and the state government had no power in this regard. The detailed verdict is still awaited.
