“Cannot prevent Commission from exercising its function”

The Supreme Court has declined to entertain a writ petition filed by OBC Reservation Raksha Samiti to restrain the National Commission for Backward Classes from including the Jat community in the ‘OBC’ list.

A three-Judge Bench of Chief Justice P. Sathasivam and Justices Ranjan Gogoi and Shiva Kirti Singh dismissed the petition observing that it was premature and court could not prevent the Commission from exercising its function.

Senior counsel Guru Krishna Kumar, appearing for the petitioner submitted that the Union Government took a decision to include the ‘Jat’ community in OBC list and referred the same to the BC Commission, which was to make its recommendation shortly for the States of Delhi, Haryana, Rajasthan, Uttar Pradesh and Madhya Pradesh.

He said such a recommendation would virtually amount to review of its earlier decision in 2010 when it had rejected such a request of inclusion of the community in OBC list. He said the Commission had no such mandate to review its decision. Counsel alleged that it was being done for political reasons.

The CJI pointed out that the Commission could always take into consideration subsequent developments and other factors and said “how can we prevent the Commission from taking a decision. Let them take the decision and we will see.”