The Allahabad High Court has stayed a major decision of Yogi Adityanath. The court has stayed the government mandate in which the order to include 17 OBCs in the Scheduled Castes was issued. This mandate was issued on 24 June. Social worker Gorakh Prasad had rejected the government's mandate by filing a petition. While hearing on Monday, the Division Bench of Justice Sudhir Aggarwal and Justice Rajiv Mishra heard.
With this order of Allahabad High Court, the Yogi Adityanath government, which is preparing vigorously for the 13 assembly by-elections, has retreated a few steps. The court has sought an affidavit from the Principal Secretary of Social Welfare on this matter. The court has taken this decision on the petition of Gorakh Prasad. The High Court has clearly stated that the central and state governments do not have the right to change in such a case. Only Parliament can make changes in Scheduled Castes or Scheduled Tribes.
On June 24, the Yogi government of Uttar Pradesh issued a mandate to include 17 OBC castes in the Scheduled Castes. The Allahabad High Court has stayed this decision of the government. The High Court has sought a personal affidavit from Principal Secretary Social Welfare Manoj Kumar Singh, considering the decision of the state government to be wrong. The court immediately recognized that the government's decision was wrong and the government did not have the right to take such a decision. Only Parliament can change the castes of SC-ST. Central and state governments do not have constitutional rights.
The government has put 17 castes of backward classes (OBC) in the list of scheduled castes. These include Kahar, Kashyap, Kewat, Mallah, Nishad, Potter, Prajapati, Dhivar, Bind, Bhar, Rajbhar etc. After this decision by the government, the district magistrates were ordered to give evidence to the families of these castes. For almost two decades, efforts are being made to include these 17 OBCs in the Scheduled Castes. These castes neither have any involvement in politics nor do they have officers. Earlier, the issue of including them in the Scheduled Castes also arose in the Samajwadi Party and BSP governments, but the matter went in cold storage.
The Governor has amended it by exercising power under Section 13 of the Uttar Pradesh Public Service Act 1994. On behalf of Principal Secretary Social Welfare Manoj Singh, an order has been issued to all the Commissioners and DMs, which says that the Allahabad High Court should ensure compliance of the order passed on the PIL issued in this regard. These castes should be issued SC certificate on the basis of tests and correct documents
