Gujarat HC quashes state government notification for EBC quota

Gujarat high court on 4 August 2016 quashed the state government's notification granting 10 percent reservation for the economically backward classes (EBCs).

Major Highlights of the Verdict

• The Court termed the notification as unconstitutional, which was issued by Anandiben Patel Government on 1 May 2016 granting 10 percent quota for EBCs in higher educational institutions and government jobs.

• It termed the Notification as unconstitutional as the total reservation exceeds 50 percent.

• Moreover, there was no survey conducted to grant this ECB quota.

The verdict was pronounced by a division bench of Chief Justice R Subhash Reddy and Justice V M Pancholi on a petition filed by a social worker and others. The petitioners urged the high court to strike down the ordinance named, "The Gujarat Unreserved Economically Weaker Sections (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) Ordinance, 2016".

Petition also demanded to cancel the Government Resolution by which 10 percent reservation was provided to EBCs over and above the existing 49 percent reservation.

Petitioner in his plea had cited the Supreme Court order in the Indra Sawhney case which had challenged reservations granted to OBCs on the recommendations of the Mandal commission in the early 1990s.
Earlier, the High court issued notices in response to a petition filed by a Rajkot-based writer and social worker, Jayantibhai Manani.

Meanwhile, State Government spokesperson Nitin Patel has said that Government will challenge this order in the Supreme Court.

Comment: Gujarat High court’s order to quash the notification providing 10 percent quota for Economically Backward classes is believed to be a setback for state Government. The Notification was issued following a yearlong quota agitation by Patidar community.

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