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Judgment
Heard Mrs. Sindhu Sharma, learned ASGI for the appellants and Mrs. Surinder Kour, learned senior counsel appearing for the respondents.
LPA No. 178/2013 has been filed against the judgment made in SWP No. 267/2012, dated 29.08.2013, wherein the appellants were directed
to consider the case of the petitioners for appointment against the posts of Constable (GD) in CRPF under OBC Category, namely, Labana
Caste.
LPA No. 05/2014 is preferred against the order of the learned Single Judge dated 11.11.2013 made in SWP No. 303/2012, wherein the
learned Single Judge while relying on the judgment rendered in SWP No. 267/2012, dated 29.08.2013 held that said judgment will apply to the
case of the petitioner also.
As the facts are identical, both the appeals are taken up and disposed of by a common order.
The prayer made by the respondents in the writ petitions was that the Labana Community has been included in the category of OBC schedule
annexed with the Jammu and Kashmir Reservation Rules, 2005.
Appeals are preferred on the ground that the Labana Community is not included in the list of OBC Category. Mrs. Seema Shekhar, learned Sr.
AAG has furnished a list of OBC published in the Gazette of India, dated 13.09.1993 which contains 21 communities of OBC. The said list,
nowhere mentions about the Labana Community under the OBC Category.
When the writ petition was pending, this Court directed the appellants to get instructions as to whether Labana Community has been included in
the list of OBC Category as per the list issued by the Central Government, pursuant to which, a communication dated 23.09.2014 was addressed
by Assistant Comdt. (PS) for IG BSF Jammu and with reference to the above said communication, reply was given by the Government of India,
Ministry of Social Justice and Empowerment, Department of Social Justice and Empowerment vide Communication dated 15.10.2014 signed by
the Deputy Secretary to the Government of India that the inclusion of Labana Community in the Central List of OBCs will be considered after
completion of the Socio-Economic Caste Census by the RGI and as of now the Labana Community does not fall in the category of the Central
List of the OBCs.
Since the respondents have prayed for appointment against the posts of Constable (GD) in CRPF under OBC Category, they have to satisfy
that the Labana community to which they belong is an OB C category and is listed in the Central List.
In view of the above, the orders of the learned Writ Court cannot be sustained. Both the appeals are allowed. The orders passed by the writ
Court are set aside and writ petitions are dismissed.
No Costs.