The Vasundhara Raje government’s plan for a Gujjar quota has suffered setback in the Supreme Court as a three-judge bench has asked the state not to violate the 50 per cent ceiling for reservation till the high court decides the matter.
“… taking into consideration the facts and circumstances of the case and various decisions of this court, we are inclined to restrain the state government from taking any action or decision on the administrative side or in any manner conferring the benefit of reservation, which will have the result of crossing the total reservation beyond 50 per cent,” a bench of Chief Justice of India Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said on Monday, while disposing of a special leave petition filed by the Rajasthan government.
In the wake of protests by the Gujjar community, the Rajasthan Assembly had in October passed a Bill raising reservation for OBCs from 21 per cent to 26 per cent to accommodate a 5 per cent quota for Gujjars under 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.
The apex court, however, accepted the state government’s stand that the high court should not have stayed the legislative process on November 9. Accordingly it set aside that part of the order.
“In our considered opinion, the order passed by the High Court staying the legislative process is totally uncalled for and therefore that part of the impugned order is stayed,” the bench said.