Allahabad HC scraps UP govt order to include 17 OBCs in SC list
The bench comprising Chief Justice DB Bhosale and Justice Yashwant Varma also told the Principal Secretary to circulate an order in this regard to ensure that the judgement is strictly enforced in all districts of the state.
Objecting to Uttar Pradesh government’s decision in 2016 to include 17 OBC sub-categories in the Scheduled Caste list, the Allahabad High Court on Tuesday has instructed the principal secretary, social welfare not to issue SC certificates to candidates from these sub-categories: Kahar, Kashyap, Kewat, Nishad, Bind, Bhar, Prajapati, Rajbhar, Batham, Gaur, Tura, Majhi, Mallah, Kumhar, Dheemar and Machua.
The bench comprising Chief Justice DB Bhosale and Justice Yashwant Varma also told the principal secretary to circulate an order in this regard to ensure that the judgement is strictly enforced in all districts of the state.
A Public Interest Litigation petition has argued that the Constitution allows only the Centre to come with such amendments to include an OBC category in the SC list.
“Such a decision taken by the state government is violative of Article 341 of the Constitution. The state government cannot initiate the process of inclusion of a caste in the list of Scheduled Caste on its own,” the PIL said.
The petition has challenged the personnel department’s notification on December 31 which sought to provide all facilities of SC to the 17 OBC category candidates.
The court will hear the case on February 9.