news details |
|
|
| Caste is birthright, not bureaucratic error: HC | | | Early Times Report
JAMMU, Sept 22: In a landmark judgment, the High Court of Jammu & Kashmir and Ladakh has quashed the cancellation of caste certificates of Santosh Kumari and others, restoring their positions as elected Sarpanch and Panch of Bhajnowa (SC) Panchayat Halqa in Nowshera, Rajouri.
Justice Sanjay Dhar, while delivering the ruling, held that caste is a matter of birth and cannot be altered due to "bureaucratic errors" or misrecording in revenue papers. The Court found that the Additional Deputy Commissioner, Rajouri, had no jurisdiction under the J&K Reservation Act, 2004 to cancel caste certificates or disqualify the petitioners from their elected posts.
The petitioners had been disqualified in 2022 on the allegation that they belonged to the Vashisht Rajput community, which does not fall under the Scheduled Caste category. However, the Court observed that historical revenue records, coupled with a 2017 government inquiry report, confirmed that they belonged to the Basith community, recognized as a Scheduled Caste in the 1956 Presidential Order.
Appearing for the petitioners, Senior Advocate Abhinav Sharma with Advocate B.R. Manhas argued that the action of disqualification was illegal and based on misinterpretation of records. The respondents were represented by Senior Additional Advocate General Monika Kohli for the UT administration and Advocate Raghubir Singh for the private respondent.
Citing Supreme Court precedents, Justice Dhar reiterated that caste is "static" and determined by birth, remarking: "Even if caste is erroneously recorded in official documents, the true community identity of an individual does not change."
Quashing the impugned orders dated March 12, April 12, and May 10 of 2022, the Court restored the petitioners' right to function as Sarpanch and Panch, subject to the Panchayat's current term not having expired. (JNF) |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
