Recent Topic

10/recent/ticker-posts

About Me

Rajasthan High Court Affirms OBC Reservation for Muslim Teli Community

 

Rajasthan High Court Affirms OBC Reservation for Muslim Teli Community

In a significant judgment, the Rajasthan High Court has ruled that individuals belonging to the 'Teli' caste are entitled to reservation benefits under the Other Backward Classes (OBC) category, irrespective of their religious affiliation. This decision underscores that the classification of the 'Teli' caste in the Central List of OBCs in Rajasthan encompasses both Hindu and Muslim members, as the caste designation is rooted in traditional hereditary occupations spanning multiple religions.

The case was brought before the court by a petitioner employed under the Mahatma Gandhi National Rural Employment Guarantee Act (NREGA) scheme, who identified as a Muslim Teli and possessed an OBC certificate issued by the competent authority. Despite this, his employment was terminated by state authorities on the grounds that Muslim Telis did not qualify for OBC reservation benefits.

The petitioner contended that a gazette notification issued by the Rajasthan Government on August 6, 1994, explicitly listed the 'Teli' caste under the OBC category. Further clarification was provided by a circular from the Department of Justice and Social Welfare dated November 8, 1994, which affirmed that individuals belonging to the 'Teli' caste, irrespective of being Hindu or non-Hindu, were included within the OBC classification.

In response, the state argued that a recent list of castes released by the Ministry of Minority Affairs did not include Muslim Telis, thereby justifying the petitioner's exclusion from OBC benefits.

Upon reviewing the submissions, Justice Anoop Kumar Dhand highlighted another notification from the Department of Justice and Social Welfare dated August 28, 2009. This notification reiterated the inclusion of the 'Teli' caste in the OBC category and provided an explanation stating that all castes identified by their traditional hereditary occupations, whose members adhere to different religions, encompass all individuals of those castes, regardless of whether they practice Hinduism, Islam, or any other religion.

The court recognized that the 'Teli' caste is traditionally associated with oil pressing in regions including India, Nepal, and Pakistan, with members belonging to both Hindu and Muslim communities. In Rajasthan, the 'Teli' caste is listed as Entry No. 51 in the Central List of OBCs.

Consequently, the court found no merit in the state's position and declared the termination of the petitioner's employment invalid. Furthermore, the court issued a general mandamus directing all state departments to refrain from denying OBC reservation benefits to Muslim candidates belonging to castes listed in the official gazette notifications as eligible for such benefits.

This ruling reinforces the principle that caste-based reservations under the OBC category are determined by traditional occupational classifications and are not contingent upon religious affiliation. It ensures that individuals from the 'Teli' caste, whether Hindu or Muslim, are equally entitled to the benefits accorded under the OBC reservation framework.

WhatsApp Group Invite

Join WhatsApp Community

Post a Comment

0 Comments

'; (function() { var dsq = document.createElement('script'); dsq.type = 'text/javascript'; dsq.async = true; dsq.src = '//' + disqus_shortname + '.disqus.com/embed.js'; (document.getElementsByTagName('head')[0] || document.getElementsByTagName('body')[0]).appendChild(dsq); })();