Jaipur: Congress government in Rajasthan has decided to give a separate five per cent quota to five communities, including Gujjars, under Special Backward Category (SBC).
With this decision, reservation in the state is set to stand at 54 per cent, beyond the constitutional limit of 50 per cent, but chief minister Ashok Gehlot has justified it making a reference to the Supreme court`s ruling in 1992 Indira Sahni case.
However, leaders of the Gujjar community, who had agitated for quota in the past, say that it is a political decision and they want reservation under the constitutional limit only; to avoid any legal problems.
The decision was taken at a cabinet meeting chaired by CM Ashok Gehlot here last night in which the report of the state OBC commission was accepted.
Headed by retired Justice I S Israni, the commission in its report justified that five communities, out of which four were already demanding quota, needed reservation for upliftment.
The commission recommended 5 per cent quota for them under Special Backward Category (SBC) while making a reference to the Supreme Court decision in the case of Indira Sahni v/s Union government of 1992.
"The cabinet approved the report of the OBC commission which made recommendations as per the decision in Indira Sahni case," Gehlot told reporters last night.
"In Indira Sahni case, it was ruled that although the upper limit should not exceed than 50 per cent but in exceptional cases, considering the social arrangements and other backwardness and circumstances, quota could be given above the 50 per cent cap," he said.
The commission had handed over the report to the Chief Minister Ashok Gehlot here on November 22.
Apart from the decision, the cabinet also decided to constitute a commission to examine possibility to give 14 per cent reservation to economically backward.