DNA EXCLUSIVE – OBCs in state granted excess reservation: PIL

Even when the high court is hearing a petition challenging Maratha reservation cleared by the state legislature recently, a public interest litigation (PIL) was filed on Wednesday with a plea that 32 per cent reservation provided to other backward classes (OBCs) by clubbing OBC and Vimukta Jati & Notified Tribe (VJNT) categories should be quashed.

A scholar on reservation issues, the petitioner Dr Balasaheb Sarate cited that the percentage of reservation is excessive in regard to OBC population in the state.

Furthermore, the petitioner in his plea said that the government notification issued in October 1967 enlisting 180 castes or communities for inclusion in the list of OBC should be quashed as it has been done without applying any criteria of identification, without determining backwardness of the community and thereby adequate representation in the government services.

He also said that the government resolution issued in March 1994 for increasing the percentage of reservation in OBC and VJNT category should be set aside since reservation granted to OBC was solely on caste basis which is in contravention of the Constitution of India and various judgements delivered by the Supreme Court. 

According to the petitioner, the state government has erred in increasing the percentage of OBC (OBC+VJNT+Socially Backward Classes) reservation from 14 per cent to 32 per cent without justifying the population statistics and following other constitutional mandates.

The petitioner has cited that Tamil Nadu offers 50 per cent reservation against 76 per cent of OBC population, while in Maharashtra, 32 per cent reservation has been granted against 34 per cent of OBC population. "Even if Tamil Nadu pattern is applied in Maharashtra, the OBC population would be entitled to only 22.5 per cent reservation. Therefore, it needs to be reviewed," the petitioner said.

This shows that the present quota of reservation is skewed towards excessiveness. ''This excessive reservation needs to be reviewed and rationalized to give the benefits of reservation to the still deprived segments or classes in the OBC category,'' Dr Sarate informed DNA.

The petitioner submitted that various castes or communities were included in the OBCs without any survey, quantifiable data, investigation to determine the social, educational and economic backwardness and inadequacy of the representation in the government services as per the Constitutional mandate. On the basis of this argument, the petitioner has urged quashing the existing quota given to the OBCs in the state.