Jaipur: The Rajasthan High Court will on Tuesday take up the issue of five percent reservation to Gujjar and four other communities in state services and educational institutions.
The state government had decided on November 29 last year to award five per cent reservation to Gujjars, Raika, Banjaaras, Gadiyalohar and Gadariya communities as special backward class, taking the total reservation in the state to 54 per cent.
The reservation is being awarded under Rajasthan SC, ST, BC, SBC and EBC (reservation of seats in educational institutions in the state and of appointments and posts in services under the state) Act, 2008.
The HC stayed the quota on Jan 29 on a PIL, filed by one Mukesh Solanki, that challenged the decision of state government to implement the reservation, which was to come into effect from January 30.
A division bench of the High Court comprising Justice N K Jain and Justice J K Ranka had heard arguments on the issue of staying the excess four per cent reservation which is beyond the permissible limit of 50 per cent.
The provision was made applicable on the recommendation of OBC Commission.
Senior Advocate Indira Jai Singh, appearing for state government, argued the state government is competent to make excess reservation in exceptional circumstances and that the High Court is powerless to make a judicial scrutiny of the legislative decision and cannot stay the operation of a statute.
It was further contended by Singh that the reservation is not only for 5 castes, but 82 other classes of backward communities may also be incorporated in the special reservation if need arises.