The Gujarat government Tuesday moved the Supreme Court against a high court order that quashed 10 per cent quota in jobs and admission to educational institutions to economically weaker sections of society, including the agitating Patel community.
In its special leave petition, the state government contended that the ordinance was not intended to provide reservation beyond the 50 per cent ceiling set by the apex court. It maintained that the decision was not aimed at providing reservation but it sought to create a reasonable classification within criteria laid down by the Supreme Court. While quashing the ordinance, the high court had stayed the operation of its order by two weeks on the request of the state government to enable it to file an appeal in the apex court. Terming the May 1 ordinance as “inappropriate and unconstitutional”, the high court had rejected the state government’s argument that it is a classification under the general category and not the reserved category and held that it will breach the 50 per cent quota cap set up by the Supreme Court.
It said the ordinance promulgated by the state government was against the spirit of the Constitution, which allowed quotas for the socially backward classes and Scheduled Castes and Tribes.
Stung by the quota agitation by the Patidar community, the then Anandiben Patel government had on May 1 issued 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.
Law Secretary Ilesh Vora confirmed that the Gujarat government moved an appeal against the Gujarat HC judgment quashing the ordinance on 10% quota for EWS sections of upper castes in education and government jobs. Attorney General Mukul Rohatgi is likely to appear for the Gujarat government.
In its special leave petition, the state government contended that the ordinance was not intended to provide reservation beyond the 50 per cent ceiling set by the apex court. It maintained that the decision was not aimed at providing reservation but it sought to create a reasonable classification within criteria laid down by the Supreme Court. While quashing the ordinance, the high court had stayed the operation of its order by two weeks on the request of the state government to enable it to file an appeal in the apex court. Terming the May 1 ordinance as “inappropriate and unconstitutional”, the high court had rejected the state government’s argument that it is a classification under the general category and not the reserved category and held that it will breach the 50 per cent quota cap set up by the Supreme Court.
It said the ordinance promulgated by the state government was against the spirit of the Constitution, which allowed quotas for the socially backward classes and Scheduled Castes and Tribes.
Stung by the quota agitation by the Patidar community, the then Anandiben Patel government had on May 1 issued 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.
Law Secretary Ilesh Vora confirmed that the Gujarat government moved an appeal against the Gujarat HC judgment quashing the ordinance on 10% quota for EWS sections of upper castes in education and government jobs. Attorney General Mukul Rohatgi is likely to appear for the Gujarat government.