Tue. Sep 22nd, 2020

Rajasthan Assembly passed Bill to extend reservation to Gujars and certain other communities under Special Backward Classes

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Rajasthan Assembly passed
 he Rajasthan Special Backward Classes
(Reservation of Seats in Educational Institutions in the State and of
Appointments and Posts in Services under State) Bill, 2015 on 22nd September 2015. The Bill provides
for five percent reservation of seats in educational institutions in the State
and of appointments and posts in the services under the State in favour of the
Special Backward Classes, beyond the existing provisions of reservation, for
ensuring their advancement and upliftment.

The Special Backward
Classes include Banjara, Gadiya Lohar, Gujar, Raika, and Gadariya classes/castes.
Persons belonging to creamy layer are excluded from taking the benefit of the
reservation. The provision of reservation will exceed the permissible legal
limit of 50% reservation in Rajasthan as the reservation under SC, ST and OBC
will remain unchanged. However the statement of object and reasons of the Bill
provides that as per paragraph 810 of Indra
Sawhney v. Union of India, (2000) 1 SCC 168 (where the Supreme Court
provided for the upper limit of reservation to be 50 %), if a special case is
made out, reservation can be given in excess of 50%. And the Rajasthan State
Backward Classes Commission, constituted by the State Government in pursuance
of Rajhasthan High Court’s direction in Captain
Gurvinder Singh v. State of Rajasthan, 2010 SCC OnLine Raj 4531, stated
after analyzing the quantifiable data placed before it that the afore-mentioned
classes fulfil all the legal norms suggested in Indra Sawhney case to make out a special case for special status as
Special Backward Classes even though the overall reservation exceeds 50%.

On the same day the
Rajasthan Assembly also passed the Rajasthan Economically Backward Classes
(Reservation of Seats in Educational Institutions in the State and of
Appointments and Posts in Services under the State) Bill, 2015. The State
Assembly also passed resolutions requesting the State Government to make
efforts to get both the Bills included in the Ninth Schedule of the
Constitution.        
Source: Legal news India

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