Justify reservation beyond 50% capital in state: HC to Rajasthan

The division bench, comprising justices NK Jain and J K Ranka asked Advocate General G S Bapna to come prepare to justify government's stand on the reservation tomorrow.

The court also sought state's explanation as to why, by way of an interim order, the excess reservation granted on the recommendation of State Backward Class Commission beyond 50 per cent ceiling be not stayed.

The order came on a petition filed by one Mukesh Solanki. R D Rastogi, counsel for the petitioner, told the court that the 5 per cent reservation was granted to 5 communities under the head of special backward classes in the state that minclude Gujjar community.

On November 29 last year, the state government had accepted the state OBC commission report, paving way for 5 per cent reservation in government jobs and educational institutes to five communities, including Gujjars, under Specially] Backward Category.

"These castes were very much included in the quota of 21 per cent reservation meant for other Backward Classes, but still new term 'special backward class (SBC)' was created to give reservation to the castes like the Gujjar community,"] said Rastogi.

The counsel for the petitioner said that according to the Supreme Court judgements the upper limit fixed for reservation is 50 per cent.

"But the state government gave 5 per cent reservation to Special Backward Classes that included gujjar, and 14 per cent more reservation to economically backward classes raising the available reservation graph from 49 per cent to 68 per cent which is beyond the permissible limit," said Rastogi.

The bench asked Advocate General to justify stand of the state government by Thursday as to why the reservation in excess to the upper ceiling not be stayed for the time being.

The petitioner has also sought quashing of recommendation made by Justice Israni in recommending special status for Gujjars and other four castes besides reservation to EBC.

The petitioner said that he belonged to Rajput community and the same is not enjoying any benefit of reservation and in case any reservation to the tune of 68 per cent is allowed to continue it will seriously affect his community.

It was claimed in the petition that as per Justice (rtd) J R Chopra commission report, when the gujjar community failed to secure place in ST category the state government formed justice (rtd.) I S Israni committee to create a special

backward class.

It was told to the court that in 2009, three petitions were filed challenging Section 3 and 4 of the Rajasthan SC, ST, BC, SBC and EBC (reservation of seats in educational

institutions in the sate and of appointments and posts in services under the state) Act, 2008.

In these petitions the special reservation was put to challenge and while disposing of them it was observed that the state government has not made any study nor collected any data which was necessary before making such provision of special] reservation. The petition also highlighted justice Israni's report and alleged that the report was clear that the survey and study was not taken up and only the representation in services has been taken ground of making provision for special reservation.

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