EBC quota: Gujarat govt moves SC against high court order
The Gujarat government says the 10% figure is a classification based on economic criteria rather than reservation
- CBI vs CBI: Supreme Court seeks Alok Verma’s response on CVC report
- SC to hear challenge to RBI’s circular on bad loans on 28 November
- Has economic growth in India been jobless?
- Reddit’s fight against Donald Trump’s troll army
- Waylaid by protests, Sabarimala-bound Trupti Desai and group stuck at Kochi airport
New Delhi: The Gujarat government on Tuesday moved the Supreme Court, challenging a Gujarat high court decision to strike down an ordinance allowing 10% reservation for economically weaker sections in government jobs and college seats.
On 4 August, the Gujarat high court called the 10% reservation for economically backward classes unconstitutional and illegal.
The government argues that the 10% is a classification based on economic criteria rather than reservation, according to Gujarat government counsel Hemantika Wahi.
The case is likely to come up for hearing on 16 or 17 August, she added.
The Gujarat government, on 1 May, promulgated an ordinance giving a 10% quota for economically weaker sections (EWS) in government jobs and colleges. This was to extend to those who were in the general category but with an annual income of less than Rs.6 lakh.
The government’s 10% reservation for EWS was in addition to the 49.5% for scheduled castes and tribes, and other backward classes.
There were several petitions filed in the high court against the ordinance as it exceeded the rule that only a maximum of 50% could be reserved.
The ordinance was criticised as politically motivated -- a move to appease the Patidar community in Gujarat, who have been agitating for reservations.
In a similar situation, the Punjab and Haryana high court in May agreed to hear a petition against the Jat reservation bill, which also went beyond the 50% rule. The high court stayed the operation of the bill during the pendency of the case.
In 1992, the Supreme Court set a ceiling of 50% for all types of reservation while ruling that the Mandal Commission’s recommendation giving reservations to OBCs was constitutionally valid.
Deputy chief minister Nitin Patel confirmed over the phone that the Gujarat government has appealed to apex court, challenging the HC decision.
The state government is of the view that the capping of reservation rules in India are governed by a 1992 Supreme Court verdict which had put a total reservation cap of 50 % and this deserved a re-look, said a government official.
Editor's Picks »
- Future Retail’s Q2 result shows improvement in same-store sales
- Private insurance firms grow at the expense of LIC stuck with a sick bank
- Page Industries’s lofty valuations get a reality check in Q2
- Q2 results: Grasim’s Vodafone Idea stake is proving costly
- How Vodafone Idea’s $3.5 bn fundraising will impact telecom in India