The Gujarat High Court on Tuesday refused to stay the Ordinance promulgated by the State Government providing 10 per cent quota in education and jobs for the economically backwards among the upper castes.
The vacation Bench issued a notice to the State on a petition challenging the ordinance calling it “unconstitutional and contrary to the fundamental rights.” The matter has been posted for further hearing on June 22.
Besieged with highly charged agitation by the politically and socially powerful Patidar community seeking quotas, the Anandiben administration on May 1, issued 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.
The petitioner Jayantbhai Manani, a social worker associated with several outfits for OBC communities, stated in his petition that “any special provision providing quotas based on economic criteria is not tenable under the law as the constitution does not permit the same.”
According to him, the Ordinance promulgated on May 1 was in “direct conflict” with the Supreme Court judgement which said a State cannot provide more than 50 per cent reservation, and that reservation could only be allowed on “ground of social and educational backwardness and not poverty per se”.
The petitioner contended that the government had issued the Ordinance without collecting necessary data on economic backwardness among the upper castes who don’t enjoy benefits of quota.
In the ordinance, the government has capped income limit of Rs 6 lakh to avail the benefits of quotas under the scheme.
