JAIPUR: In a major setback to the state government, the Supreme Court on Wednesday restrained it from crossing the 50% ceiling on total reservation until the writ petition challenging the hike in OBC quota was decided by the Rajasthan High Court.
The state government, by a new legislation titled Rajasthan Backward Classes (Reservation of Seats in Educational Institutions in the state and of Appointments and Posts in Services under the state) Bill, 2017, intends to increase OBC quota in the state from 21% to 26%.
If the increase is carried out, total reservation in state government jobs and education institutes will shoot up to 54%.
The bill was stayed by the high court last week as former MLA Ganga Sahay Sharma had challenged it on the ground that 54% overall reservation was in violation of Supreme Court's past orders that capped total quota at 50%.
The state government had filed a special leave petition before the apex court in appeal against the high court's stay order.
A division bench comprising Chief Justice Deepak Mishra, Justice A M Khanwilkar and Justice D Y Chandrachud said, "In our considered opinion, the order passed by the high court staying the legislative process is totally uncalled for and, therefore, that part of the impugned order is stayed."
The bench added, "However, taking into consideration the facts and circumstances of the case and various decisions of this court, we are inclined to restrain the state government from taking any action or decision on the administrative side or in any manner conferring the benefit of reservation, which will have the result of crossing the total reservation beyond 50%. As we intend to remit the matter to the high court, the said direction shall remain in force till the writ petition is finally disposed of. The special leave petition is, accordingly, disposed of."
The increase in existing OBC quota through the 2017 bill is aimed at meeting Gujjar and four other communities' long pending demand for 5% separate quota. The 2017 bill passed by the state assembly last month provisions to create a subdivision, "more backward classes", within the OBC category to allow 5% quota to Gujjars, Banjaras, Gadia-Lohars, Raikas and Gadariyas.
The state government justified the hike in total reservation by propounding the policy of proportional representation. The bill said that reservation was being enhanced in proportion to increase in the state's OBC population, as it was "legally permissible".
Reacting on apex court's latest order, Shailendra Singh, general secretary and legal advisor of the Gujjar Aarakshan Sangharsh Samiti, said, "Our demand is for 5% separate quota as promised by the BJP in its election manifesto and it is up to the government to find a way out."
The state government, by a new legislation titled Rajasthan Backward Classes (Reservation of Seats in Educational Institutions in the state and of Appointments and Posts in Services under the state) Bill, 2017, intends to increase OBC quota in the state from 21% to 26%.
If the increase is carried out, total reservation in state government jobs and education institutes will shoot up to 54%.
The bill was stayed by the high court last week as former MLA Ganga Sahay Sharma had challenged it on the ground that 54% overall reservation was in violation of Supreme Court's past orders that capped total quota at 50%.
The state government had filed a special leave petition before the apex court in appeal against the high court's stay order.
A division bench comprising Chief Justice Deepak Mishra, Justice A M Khanwilkar and Justice D Y Chandrachud said, "In our considered opinion, the order passed by the high court staying the legislative process is totally uncalled for and, therefore, that part of the impugned order is stayed."
The bench added, "However, taking into consideration the facts and circumstances of the case and various decisions of this court, we are inclined to restrain the state government from taking any action or decision on the administrative side or in any manner conferring the benefit of reservation, which will have the result of crossing the total reservation beyond 50%. As we intend to remit the matter to the high court, the said direction shall remain in force till the writ petition is finally disposed of. The special leave petition is, accordingly, disposed of."
The increase in existing OBC quota through the 2017 bill is aimed at meeting Gujjar and four other communities' long pending demand for 5% separate quota. The 2017 bill passed by the state assembly last month provisions to create a subdivision, "more backward classes", within the OBC category to allow 5% quota to Gujjars, Banjaras, Gadia-Lohars, Raikas and Gadariyas.
The state government justified the hike in total reservation by propounding the policy of proportional representation. The bill said that reservation was being enhanced in proportion to increase in the state's OBC population, as it was "legally permissible".
Reacting on apex court's latest order, Shailendra Singh, general secretary and legal advisor of the Gujjar Aarakshan Sangharsh Samiti, said, "Our demand is for 5% separate quota as promised by the BJP in its election manifesto and it is up to the government to find a way out."
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