‘JAT SIKH’ COMMUNITY TO BE GIVEN CERTIFICATE FOR OBC SAYS DELHI HC
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‘JAT SIKH’ COMMUNITY TO BE GIVEN CERTIFICATE FOR OBC SAYS DELHI HC
-Vasudha Tewari
BACKGROUND:
The Reservation System in India allowed under article 15(4) of Indian Constitution nourishes the historically disadvantaged castes and tribes, listed as Scheduled Castes and Scheduled Tribes by Government of India, and also those who are designated as Other Backward Classes (OBC’s) and the economically backward general. Reservation system in India provides enhancement of social and educational status of underprivileged communities. Preferences are given to the people belonging to these categories for government examinations, jobs and many more. Time and again such cases depriving these backward communities of their rights had been witnessed. One such case was recently seen where huge relief was granted to a civil applicant. He was not allocated Indian Revenue Service in Civil Services examination, 2017. In the matter Delhi High Court held people from ‘ JAT ’ Community of State of Rajasthan are entitled to get OBC certificate.
MAIN ISSUE-
In the matter
in hand Singh
had approached Central
Administrative Tribunal with his
grievance that even
after he scored
673 rank in CSE conducted in year 2017
was not allocated to service
whereas the other candidate who secured 675 rank who belonged to OBC was allocated to Indian Revenue
Service.
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He said that he was not selected because the centre did not accept his certificate declaring him as OBC. He assured that the certificate he presented was issued by Sub Divisional Magistrate which described him as belonging to ‘JAT SIKH’ community.Union argued that ‘JAT SIKH’ is not one the backward classes enlisted in Rajasthan’s list. Whereas Singh urged that the caste ‘JAT’ is enlisted as backward class and merely being of Sikh religion does not takes away the fact of him belonging to ‘JAT’ community. Clarifying the matter Singh produced yet certificate issued in 2017 describing him as ‘JAT’.Learned council of union brought up the communication where it was stated that‘JAT SIKH’ community does not fall in the central list of OBC of State of Rajasthan. The argument was declared incorrect by the court because of having no relevance with the OM mentioned.
COURT’S DECISION –
The Bench of Justice Vipin Sanghi and Justice Rajnish Bhatnagar was hearing the petition filed by Union of India against the order of CAT filed by respondent Anuragbachan Singh. Delhi High Court held that persons belonging to ‘JAT’ community possessing Sikh religion in the State of Rajasthan (except Bharatpur and Dhaulpur Districts) are entitled to get Backward Class Certificate.Court said that it should not be argued that being of Sikh religion does not take away the right of the respondent of getting enlisted as OBC. He does belong to ‘JAT’ community and the fact remains unchanged whether he belongs to Sikh religion or any other.It was stated by the Court that in case the person i.e. OBC is the migrant and does not originally belongs to that state he still can be granted the certificate by the production of his father’s certificate stating him as OBC. Certificate presented must be issued by the prescribed authority of the State describing his father’s origin.Court referred to the CAT’s reference which said that when it comes to inclusion of caste or community there is no restriction of religion therefore a person of any caste or community irrespective of his religion can be considered for inclusion in the Central List of OBCs provided the community otherwise fulfils the criteria of social, educational and economic backwardness.CONCLUSION-
The Court said
that there is no dispute
that the ’JAT’
community is enlisted as a backward class and as religion cannot be a bar on the criteria, thus if the
candidate comes under
OBC which was agreed
by the court
he is meritorious enough to be allocated in the service.
Thus court held that reservation granted to the people belonging to backward class or community is religion neutral and being of any specific or not so specific religion cannot become a hurdle in getting enlisted as OBC.
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