The Gujarat High Court issued a notice against it citing that the reservation is “contrary to fundamental rights”.
The Economically Backward Classes (EBC) are likely to get a 10 per cent reservation in Gujarat. This reservations is specifically for the upper castes. The Gujarat High Court has, however, issued a notice against the same, citing that the reservation is “contrary to fundamental rights”.
The notice was addressed to:
- Secretaries of Legislative and Parliamentary Affairs Departments
- Education Departments
- General Administrative Departments
- The next hearing on the same is scheduled on June, 22, 2016. Implementation on the ordinance is to be laid immediately
- On May 1, the state government issued 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
- This was done against the agitation of Patidar community seeking reservation.
About the reservation:
- As much as 10 per cent reservation is for the upper caste poor category other than SCs, STs and Socially Economically Backward Classes
- The reservation is for both admissions in educational institutions and job sectors
- It is applicable for people with an income cap of Rs. 6 lakh
- The petitioner was Jayantibhai Manani who is a Rajkot based writer and activist.
According to the petitioner:
- Such a provision contradicts the verdict by SC in 1992 that challenged quota for Other Backward Classes on the Mandal Commission recommendation 1990
- The petitioner has said that “reservation can be granted only on the ground of social and educational backwardness and not poverty per se.”