SC refuses to stay govt decision on quota for Jats

A bench led by Chief Justice P Sathasivam observed that the court was prima facie satisfied that the government had material to rely upon for inclusion of Jats in the OBC category. “We have gone through the documents produced by them. We cannot say the government had no material. They have sufficient material in fact. Prima facie there are materials to make this decision,” observed the bench.

It also shot down an argument that it was wrong on the part of the government to have taken the decision merely a day before the model code of conduct set in. “Government is a government. We can’t say, you cannot do it only because one day is left for the model code of conduct. If they want to take a decision, they are certainly entitled to do so even till one day before,” it said.

On the question of appointments and admissions that will be made during the pendency of a batch of petitions on the issue, the bench said all such decisions shall be subjected to its judgement.

It also said the court could not say it at this stage that merely because the National Commission for Backward Classes (NCBC) had recommended against Jats inclusion, the government had no power to take the impugned decision. “After all the government is government and these institutions are to aid and advise them,” it added.

Saying it was prima facie satisfied with the Centre’s records, the court asked the government to file a comprehensive stand, detailing the rationale of the decision, as envisaged in the Cabinet meeting papers.

The court also admitted a bunch of other petitions, some of which are in favour of the decision and others opposing it. Hearing on Wednesday was related to a petition by the ‘OBC Reservation Raksha Samiti’, an organisation of members of communities included in the Central List of Backward Classes. It had alleged it was an “outrageous notification” issued in haste with “vote bank politics” in mind.

The decision by the UPA-II government was seen as an attempt to appease the community, which has strong social and political clout in western UP and its bordering areas of Uttarakhand, Delhi, Haryana and Rajasthan besides also being present in Gujarat and Madhya Pradesh.