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OBC quota: Supreme Court reserves order on Rajasthan plea

The Bill was passed by the Assembly last month.

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Supreme Court on Monday reserved its order on plea filed by the Rajasthan government against HC order which has restrained the state government from enacting the Bill which grants five per cent reservation to Gujjars and four other castes in Rajasthan. The Bill was passed by the Assembly last month.

A Bench of the Apex Court, headed by Chief Justice of India Deepak Misra, Justice AM Khanwilkar and Justice DY Chandrachud reserved the order on appeal filed by Rajasthan government. During the course of hearing state Government said that Government has power to pass such a bill and Court cannot interfere with the legislative process. Petitioner who  challenged the bill in HC said that Rajasthan government had violated Supreme court order of maintaining status quo.

On last Thusday, Rajasthan High court said since the Supreme Court had already asked the state government to maintain status quo after the 2015 Gujjar reservation Bill was struck down by Rajasthan High Court, “it will not be appropriate to allow the state government to do anything contrary to the Supreme Court’s order and they are restrained from acting upon the Bill.” 

The Rajasthan Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointment and Posts in Services under the State) Bill, 2017, which was passed on October 26 this year, sought to increase OBC quota from 21 per cent to 26 per cent, and create a separate category of ‘More Backward Classes’ for Banjara, Gadiya Lohar, Gujjar, Raika and Gadariya castes, giving them a five per cent reservation.Ganga Sahay Sharma, the petitioner who had approached the Rajasthan HC against the Bill, said the state government introduced reservation Bills for Gujjars in 2008 and in 2015; both were quashed by the high court, mainly because they exceeded the 50 per cent reservation limit set by the apex court. With the state government bringing a Bill which would result in reservation again exceeding the 50 per cent cap.

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