Jaipur: Rajasthan High Court has stayed till February 19 the five per cent 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 PIL that challenged the decision of state government to implement the reservation, which was to come into effect from January 30, was filed by one Mukesh Solanki.
The state government had yesterday told the High Court that it will not defer the additional reservation extended to the five special backward classes for a period of one week as asked by the High Court.
A division bench of the High Court?comprising Justice NK Jain and Justice JK 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 reservation is being awarded under Rajasthan SC, ST, BC, SBC and EBC (reservation of seats in educational institutions in the sate and of appointments and posts in services under the state) Act, 2008.
RD Rastogi, Counsel for petitioner, told the High Court that five per cent reservation was granted to five castes, raising the total reservation from 49 per cent to 54 per cent and thus crossing the upper limit of 50 per cent.
The provision was made applicable on the recommendation of OBC Commission.
"These castes were very much included in the quota of 21 per cent reservation meant for other Backward Classes, but still new term `special backward class (SBC)` was created to give reservation to the caste like the Gujjar community," Rastogi submitted before the High Court.
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.