The Punjab and Haryana High Court has continued to stay the notification of the Haryana government, under which the state government had notified the Gadaria community as Scheduled Caste (SC)

The Division Bench based on the Chief Justice of the High Court has given these orders while hearing the petition filed by Ambedkar Mission Sanstha, Palwal. The High Court adjourned the hearing of the case, giving time to the government to respond in this matter.

In this case, the petitioner organization had demanded the cancellation of the Haryana Government's notification dated July 5, 2020, under which the government had revised the list of SCs in Haryana in 1950 in violation of Section 341 of the Constitution.

The government had decided to issue SC certificate to the Gadaria caste by issuing a notification on July 7, 2020. On July 5, the Haryana government issued a notification, adding the Gadaria caste as a synonym for the Sansi caste.

Subsequently, the state government issued another notification on July 7, 2020, directing that Scheduled Caste certificates be issued to members of the Gadaria caste.

According to the petitioner, Article 341 of the Constitution specifically provides that only the Parliament has the right to amend such list. The Government of Haryana did not have the legislative competence to amend, vary, modify or clarify the list issued by the Union of India under Article 341 of the Constitution.

The petitioner society and its members and the entire SC community are directly affected by the notification dated July 5, 2019 and July 7, 2020. Therefore it should be banned.