Saini community challenges its inclusion as social caste
Last year, a section of the Saini community had staged protests against the government’s decision to include them in the list of other castes, which were entitled to four percent reservation in jobs and professional educational institutions in the union territory.
At a time when various communities strive for their inclusion into reservation categories, the Saini community in Jammu and Kashmir has challenged their inclusion as a social caste before the J&K and Ladakh high court.
Consequently, justice Puneet Gupta of the high court of Jammu and Kashmir and Ladakh has directed commissioner secretary, social welfare department, J&K government, socially and educationally backward classes commission; Jammu divisional commissioner, deputy commissioners of Jammu, Samba and Kathua districts to file their stand before the next date of hearing.
The case will be listed on October 30. Last year, a section of the Saini community had staged protests against the government’s decision to include them in the list of other castes, which were entitled to four percent reservation in jobs and professional educational institutions in the union territory.
The community leaders led by Pritam Singh Saini held even staged a sit in at Delhi’s Jantar Mantar to lodge their protest on the issue.
Subsequently, the J&K government had put the order October 19, 2022, order in abeyance wherein the community was included in the list of Backward Castes that guaranteed four percent quota.
However, a writ petition was filed by the members of Saini community through Suksham Singh, son of Vir Singh, a resident of Bishnah through advocates Sheikh Shakeel Ahmed and Sheikh Najeeb.
The writ challenged the government order 537 dated October 19, 2022, issued by the social welfare department to the extent of the amendment which had been made in the J&K Reservation Rules, 2005 by adding ‘Saini’ Caste as a weak and underprivileged class (social caste).
After hearing counsels of the petitioner, justice Puneet Gupta observed that as per the response to the grievance posted on the J&K grievance redressal portal, the social welfare department has responded on June 12, informing that the government order 537 dated October 19, 2022, has been kept in abeyance by the government till further orders.
Advocate Sheikh Najeeb submitted before the court that an interim relief may be granted by directing the J&K government not to issue caste certificates to the members of the Saini Community “because the said caste is an upper caste”.
Advocate Sheikh Najeeb traced the roots of the community Maharaja Shoorsen, grandfather of Lord Shri Krishna and father to Kunti of the Mahabharata era, who was the founder of Saini Class.
He further submitted, “Sainis are Yaduvanshi Kshatriyas and that is why their lineage is sacrosanct to them being directly related to Lord Shri Krishna”
He further submitted that ‘Saini’ community is doing well economically in J&K and are doing business and also employed in government services and are neck to neck with other upper castes and there was no quantifiable data before the Backward Classes commission which would have justified their inclusion in the socially and educationally backward classes.
After considering the submissions of counsels, justice Puneet Gupta issued notices to the UT functionaries of J&K government and directed it to file its stand by the next date of hearing i.e., October 30.
