Reservation should not be provided to achieve political goals as it results in caste based agitation to bargain with the government,said the Bench
The Rajasthan High Court has quashed a notification dated 16th October, 2015, issued by the state government and Rajasthan Special Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) Act, 2015, which provided 5% reservation to Gujjars and four other castes under the Special Backwards Classes (SBC) category.
The petitioners have challenged the notification and the Act of 2015 apart from the report of the SBC commission providing reservation beyond 50 per cent in educational institutions as well as in public employment.
A division bench comprising Justices MN Bhandari and JK Ranga also upheld the challenge against the report submitted by the Other Backward Classes commission recommending five castes for Special Backward Classes with 5% reservation.
The bench observed that five castes brought under the umbrella of special backward classes were earlier also getting benefit of reservation for last many years.
According to the bench, no extraordinary situation could be given by the SBC commission and the state government to create a new category for five castes.
“The extraordinary circumstances have been shown for sake of it and otherwise based on incomplete data. If the extra ordinary situation is due to less or negligible representation of five castes in the services as well as in educational courses, the status of other castes was not seen which are having no representation.”
The bench has also held that the report of the SBC commission cannot be accepted.
The bench observed that the survey should have been conducted in the manner required and otherwise directed by the Supreme Court in various judgments. It was expected of the commission not to rely on the old data, which are not relevant at present.
The high court has highlighted few issues to show perversity and the inadequacy in the report before making recommendations for reservation beyond 50 per cent, that too, after carving out a new category for those, who were already getting benefit of reservation for past many years.
The bench observed that it is expected of the Central as well as the state governments to revisit the system of reservation so that socially and educationally backward classes of citizens can be uplifted within time frame. It is by framing a proper policy.
The bench added that reservation should not be provided to achieve political goals as it results in caste based agitation to bargain with the government.
Read the Judgment here.
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