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2025 DAILYLAW 47282 (PNJ)

VIRINDER SINGH AND ANOTHER v. STATE OF PUNJAB AND OTHERS

CWP-PIL/84/2025 · 2025-04-22

Sumeet Goel

Public Interest Litigationbody2025

Judgment text

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(122) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-PIL-84-2025 (O&M) Date of decision:- 22.04.2025 Virinder Singh and another ...Petitioner(s) Versus State of Punjab and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SUMEET GOEL Present:- Ms. Ritu Punj, Advocate, Mr. Sahaj Punj, Advocate, Ms. Kulwinder Kaur, Advocate, Ms. Arashdeep Kaur, Advocate, for the petitioners. Mr. Somesh Arora, Additional Advocate General, Punjab, Mr. Gurpartap Singh Bhullar, Assistant Advocate General, Punjab. * * * * SHEEL NAGU, C.J. (ORAL) 1. This petition has been filed as a Public Interest Litigation (PIL) by two persons claiming themselves to be public spirited persons belonging to ‘Sikh Rajput’ Community and assailing notification dated 14.10.2016 (Annexure P-5) issued by the Department of Welfare (Reservation Cell), Punjab, whereby ‘Sikh Rajput’ Community has been included into the list of Punjab State Backward Classes. 2. Learned counsel for the petitioners submits that various representations have been made earlier right from 2017 onwards. Reference has been made to the representation dated 15.10.2024 (Annexure P-80) moved by petitioner No. 1 before the respondent-authorities to the effect that ‘Sikh Rajput’ Community is an affluent community which does not desire to be in AMODH SHARMA 2025.04.23 16:40 I attest to the accuracy and authenticity of this order/judgement CWP-PIL-84-2025 (O&M) -2- the list of Backward Classes in the State of Punjab. It is also submitted by learned counsel for the petitioners that the said plea of the members of the Community has invoked assurances by various political functionaries, but to no avail. 3. The competent authority to decide upon inclusion or exclusion of a particular community in the list of Backward Classes is the State of Punjab and respondent No. 2, namely, Punjab State Backward Classes Commission which was set up by the Government of Punjab vide notification dated 04.06.1993. 4. In view of above and the fact that the matter relates to the domain of the Punjab State Backward Classes Commission, it would be appropriate for the Commission to delve into the issue as regards exclusion of ‘Sikh Rajput’ Community from the list of Backward Classes in the State of Punjab or not. 5. Therefore, without entering into merits of the matter, the petition is being disposed of with a direction to the State of Punjab and the Punjab State Backward Classes Commission to consider the representation dated 15.10.2024 (Annexure P-80) moved by petitioner No. 1 and take a considered decision and pass a speaking order and communicate the same to the petitioners within an outer limit of 90 days. (SHEEL NAGU) CHIEF JUSTICE (SUMEET GOEL) JUDGE 22.04.2025 Amodh Sharma Whether speaking/reasoned Yes/No Whether reportable Yes/No AMODH SHARMA 2025.04.23 16:40 I attest to the accuracy and authenticity of this order/judgement