HC reserves order on Gujarat Govt’s ordinance on EWS reservation

While it is a good news in Gujarat for a family whose income is less than 6 lakh rupees, it creates a sense of rivalry in Gujarat. The Gujarat high court reserved its order on petitions which challenge the state government ordinance regarding reservation to the unreserved category.

gujarat high court reserves order on reservation ordinanceEarlier, the state government issued an ordinance to give 10 percent of unreserved seats to those people pertaining less than 6 lakh annual income in government jobs and educational institutions. This order was opposed by four petitions separately by Dayaram Verma, Ravjibhai Manani, Dulari Basarge, and Gujarat Parents associations. But, all the efforts went in vain when a division bench of Chief Justice R Subhash Reddy and Justice VM Pancholi reserved the order of the state government.

The petitioners claimed that the additional reservation would create a problem to those unreserved people whose family income is more than 6 lakhs. It would further reduce the number of seats in government jobs and educational institutions.

They said that the reservation violates the apex court’s order of reservation limit of 50 % in reference to Indra Sawhney vs Union of India case. Also, the petitioners claimed that the reservation is against with the constitutional article 46, which states that the reservation quota should not exceed 50 %.

But, the government contender opposed all the claims by the petitioners and said this reservation is the new classification in the general, open, and unreserved category and doesn’t dilute any norms of Article 46 and the order of Supreme Court.

The state government provided an affidavit before the High Court to explain its ordinance. In the affidavit, it was explained that the ordinance should be read with Article 46, according to which social justice is required with the weaker sections of the society and not with reference to Backward class quota.

With its new ordinance, the state government is trying to provide benefit to weaker sections of society. But due to its mixed response, it is not sure that in what manner it will affect the other sections?

Also read : Why new India needs a new debate on Reservation & Quota

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