HC dissolves Rajasthan OBC Commission

Govt directed to appoint a new panel backed by a statute

October 21, 2016 12:00 am | Updated December 02, 2016 10:40 am IST - JAIPUR:

In a setback to the Bharatiya Janata Party government, the Rajasthan High Court has ordered dissolution of the State Other Backward Classes (OBC) Commission, saying it was constituted without the State Assembly enacting any legislation for it. The court has directed the government to appoint a new commission backed by a statute.

Causing a huge embarrassment to the State government, a Division Bench of the court directed in its order on Wednesday that no salary or allowance would henceforth be disbursed to the Commission's members. The court gave time till January 15, 2017 for appointment of a new OBC commission.

The Bench, comprising Justice K.S. Jhaveri and Justice Mahendra Maheshwari, passed the order while hearing a writ petition moved by Samata Andolan, which had challenged the OBC Commission's establishment through an executive order.

When Additional Advocate-General G.S. Gill submitted that a draft Bill to replace the executive order had been tabled in the State Assembly and it would be passed in the coming winter session, the court observed that the Commission was “sitting idle” as it knew that it was going to be replaced.

The court order has put cold waters on the ruling BJP's promises to Jats of Bhartpur and Dholpur districts for their inclusion in the OBC category for reservation in jobs and education. A survey report on the condition of Jats in the two districts was to be submitted to the Commission shortly.

Pradesh Congress president Sachin Pilot said here on Thursday that it was for the first time in the country that a court had dissolved an OBC Commission on the ground of its illegal constitution. “This clearly shows that the BJP government is not serious about the sections of society struggling for their legitimate rights,” he said.

Congress MLA from Deeg-Kumher Vishvendra Singh, spearheading the quota agitation for Jats of Bharatpur and Dholpur, said the State government's failure to appoint a permanent OBC Commission not only amounted to breach of promise, but was also part of a conspiracy to deny the benefit of OBC status to the Jat community.

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