The Saini community members had petitioned the court to challenge their classification as a “vulnerable and disadvantaged group” and to reject reservation benefits. This led to the issuance of the directive.
According to a recent interim order from the High Court of Jammu & Kashmir and Ladakh, government officials are instructed to refrain from issuing caste certificates to Saini community members until the government formally determines their status as a socially disadvantaged and underprivileged group. Additionally, Judge Rajnesh Oswal issued an injunction to prevent the immediate implementation of previously issued certificates.
The Supreme Court ruled, “Until the government makes a final decision in this matter, no certificates shall be issued in favor of any Saini community member, and the certificates already issued shall not be given effect until the government conclusively determines the status of the Saini Community as a socially weak and underprivileged class (social caste).”
These directives were issued on October 19, 2022, in response to a lawsuit filed by members of the Saini Community, represented by Suksham Singh, challenging their classification as socially weak and underprivileged by the Government of Jammu and Kashmir, as amended under the 2005 Jammu and Kashmir Reservation Rules.
The petitioner’s lawyer argued that the government’s decision contradicted the wishes of the upper-caste Saini community, which had no interest in availing reservation benefits. He noted widespread protests and discontent within the Saini community over being included in the less privileged groups. The respondent’s attorney clarified that the order regarding the inclusion of the Saini community in the disadvantaged class had been suspended and was not currently in effect.
Consequently, the High Court dismissed the case and allowed the petitioner to reapply if the relevant authorities made a determination that adversely affected the Saini community’s status. The Court also directed that no caste certificates should be issued to members of the Saini group.
