Date : 4.8.2016

Gujarat High Court quashes government ordinance on 10% quota for EWS

The Gujarat High Court judgment comes on a set of petitions challenging the ordinance saying the ten percent provision is against the limit of 50% reservation.

WRITTEN BY SATISH JHA | AHMEDABAD |Updated: August 4, 2016 12:17 Pm

In a blow to the state government the Gujarat High Court on Thursday quashed and set aside the ordinance of 10 per cent quota for the economically weaker sections (EWS) in educational institutions and government jobs. The state had come up with the ordinance in view of Patidar agitation for reservation. The division bench of chief justice R Subhash Reddy and justice VM Pancholi held that the ordinance is unconstitutional and illegal as per the guidelines of Supreme Court. After the judgment the state government sought two weeks time to appeal the case against the judgment in the apex court. The division granted the permission and stayed it’s order for two weeks.

The judgment comes on a set of petitions challenging the ordinance saying the ten percent provision is against the limit of 50% reservation. The state defended 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, stating that the provision of 10 per cent quota was a classification of EWS and it should not be treated as reservation prescribed under the Constitution.

The petitioners, including social activists, students and parents, have challenged the ordinance, claiming that it was contrary to the precedents established by the Supreme Court long back on the issue of quota for other backward classes on the recommendation of the Mandal Commission in 1990. The Gujarat government had announced the quota to pacify the Patidar agitation and effected it immediately. Last week, the HC stayed admissions in colleges till its decision on quota.

Source : Indian Express