In a significant ruling, the Orissa High Court has asked the State Government to restrict the quantum of reservation for SC, ST and other backward classes or special categories in employment and education to within 50 per cent.
Quashing the Socially and Economically Backward Class (SEBC) Act of 2008 that was notified by the Government in February 2009 for a 27-per cent reservation for the OBC category, a Division Bench of the court said the total reservation should not exceed 50 per cent.
The ruling assumes significance since the State Government through the SEBC Act had provided 65.75 per cent reservation, including 16.25 per cent for the SC category and 22.50 per cent for ST category in both employment and education.
The Act had earlier been quashed by the State Administrative Tribunal (SAT) way back in December 2013 while disposing of a batch of petitions filed by some general category candidates, who were aspirants for the posts of Assistant Section Officers (ASOs).
The Government, however, challenged the SAT ruling in the High Court justifying the reservation quantum on the basis of the Justice Ram Nandan Prasad Committee report. The HC, however, observed that this committee report has already been quashed by the Court of law.
Upholding the SAT ruling, the HC said the tribunal, after taking note of the judicial pronouncement of the Supreme Court in the case of Indra Sawhney and M Nagraj and other authoritative pronouncements, came to the conclusion that the decision of the State Government is not in accordance with law and, accordingly struck down the Act of 2008 and also directed the Government to modify the notification.
In view of this, the Division Bench of Justices Kumari Sanju Panda and SN Prasad in their judgment passed last month (copy of which was available on Wednesday) was of the opinion that it would not interfere with the judgment pronounced by the SAT in December 2013.
Samajwadi Party State president Rabi Behera urged the State Government to act swiftly for inclusion of SEBC reservation in 9th Schedule of the Constitution.
Behera also urged the Government to move the Supreme Court against the High Court’s ruling as the interest of the OBCs, who constitute 52 per cent of the State population is at stake.
Behera said the Central Government has been implementing OBC Reservation of 27 per cent in all Central Government services. 27 per cent reservation is given to OBC students in admission into IITs,
IIMS and AIIMS. But in Odisha, 27-per cent reservation which was implemented since 1994 was later challenged in the SAT, for which only 11.25-per cent reservation was given to the backward class in Government jobs.