TIA NEWS
Gujarat high court has quashed the state government’s notification granting 10 percent reservation for the economically backward classes -EBCs.
The Court termed this notification as unconstitutional, which was issued by Anandiben Patel Government on 1st of May this year granting 10 percent quota for EBCs in higher educational institutions and government jobs.
The state government’s decision was challenged in the Gujarat high court by a social worker. High court had earlier issued notices in response to a petition filed by a Rajkot-based writer and social worker, Jayantibhai Manani.
The petitioner had urged the high court to strike down the 1st May ordinance named, “The Gujarat Unreserved Economically Weaker Sections (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) Ordinance”.
Petition also demanded to cancel the Government Resolution by which 10 percent reservation was provided to EBCs over and above the existing 49 percent reservation.
Petitioner had cited the Supreme Court order in the Indra Sawhney case which had challenged reservations granted to OBCs on the recommendations of the Mandal commission in the early 1990s.
Gujarat High court’s order to quash the notification providing 10 percent quota for Economically Backward classes is believed to be a setback for state Government. The Notification was issued on 1st May 2016 following a year long quota agitation by Patidar community.
High Court has termed the Notification as unconstitutional as the total reservation exceeds 50 percent. Moreover, there was no survey conducted to grant this ECB quota. Meanwhile, State Government spokesperson Nitin Patel has said that Government will challenge this order in the Supreme Court.