Chhattisgarh HC units apart state govt’s choice to lift quota to 58 computer; says reservation exceeding 50 computer unconstitutional
The Chhattisgarh High Court has put aside the state authorities’s 2012 choice to lift the quota to 58 per cent in authorities jobs and admissions in instructional establishments and held that reservation exceeding the 50 per cent ceiling is unconstitutional.
A division bench of Chief Justice Arup Kumar Goswami and Justice P P Sahu delivered the decision on Monday on petitions difficult the state authorities’s choice to amend the reservation guidelines in 2012 when the BJP was in energy, mentioned Mateen Siddiqui, the counsel for one of many petitioners.
According to the 2012 modification, the quota for Scheduled Castes (SCs) was slashed by 4 per cent to 12 per cent, whereas reservation for Scheduled Tribes (STs) was elevated by 12 per cent — from 20 per cent to 32 per cent. The reservation for Other Backward Classes (OBCs) was saved unchanged at 14 per cent, he mentioned.
After the modification, the cumulative reservation within the state went as much as 58 per cent breaching the 50 per cent ceiling restrict, he mentioned.
In the identical yr, Guru Ghasidas Sahitya Samiti and different petitioners challenged it within the excessive court docket.
The listening to of the case was accomplished in July and the order was handed on Monday, mentioned Siddiqui.
As per the order, Vinay Kumar Pandey, the counsel showing for the petitioners, submitted that because the reservation has exceeded 50 per cent, it has violated the ideas of equality of alternative beneath Article 16(1) of the Constitution.
“No materials have been placed before this court to justify the impugned amendment brought in by Amendment Act of 2011 and such amendment has been effected breaching 50 per cent ceiling without any exercise being undertaken with regard to representation of various classes such as SCs, STs and OBCs in service,” Pandey mentioned.
“No exceptional circumstance is made out for breaching the 50 per cent ceiling of reservation and the state has brought the amendment as a measure of proportional representation, which is not permissible in law,” Pandey mentioned.
Advocate General S C Verma submitted that the incidence of poverty within the state amongst SCs is decrease compared to the nationwide figures whereas within the case of STs, there’s a considerably greater incidence of poverty.
The choice to amend the reservation coverage had been taken (in 2012) after taking into account the related elements of the matter by which proportionate reservation is launched in Chhattisgarh-cadre posts.
It is submitted that Chhattisgarh is a tribal majority state and subsequently, reserving 32 per cent posts in service or seats in instructional establishments for the STs can’t be faulted, he added.
“On the basis of materials on record, we are of the opinion that no special case is made out for breaching the reservation ceiling limit of 50 per cent while increasing the reservation to 58 per cent,” the HC mentioned within the order.
“Holding the reservation above 50 per cent is unconstitutional,” the excessive court docket mentioned, including that it isn’t inclined to intervene with admissions taken and the appointments issued on the idea of the impugned reservation.