In a setback to the Gujarat Government, the Gujarat High Court on Thursday set aside the Anandiben Government’s Ordinance pertaining to 10 per cent reservation to non-reserved sections under Economically Backward Class (EBC) category terming it unconstitutional.
On multiple Public Interest litigations (PIls) filed by different individuals and organisations, division bench of Chief Justice R Subhash Reddy and Justice VM Pancholi observed that the State Government’s Ordinance was not based on any scientific data or survey analysis.
Citing the Supreme Court ruling that reservations should not exceed 50 per cent, the HC termed the State Government’s decision illegal.
As the Gujarat High Court has given two weeks’ time to approach Supreme Court, the State Government spokesman has announced to challenge the HC’s order in the apex court.
The Anandiben Patel Government issued the Ordinance on Gujarat Day (May 1) this year with a view to controlling pro-quota Patidar agitation led by Hardik Patel. In the Ordinance meant for the economically weaker sections of unreserved category, provision of reservation was made in the Government jobs and educational institutions for those whose annual income was less than Rs 6 lakh.
The Ordinance was also expected to be an effective tool in dousing the fire of the quota stir launched by socially, economically and politically powerful Patel community in the State since July 2015. The Patels have been seeking quotas under OBC category and have launched an agitation across the State, even acting as a catalyst for the removal of Anandiben Patel as Chief Minister.
Meanwhile, the Gujarat Government spokesperson Nitin Patel, said that the State Government wanted to bring about social equity and now it looks difficult to implement EWS reservation for the current academic year or ongoing Government recruitments.
Patel, who is considered to be one of the top contenders for Gujarat’s new CM, admitted that the EWC section in the non-reserved category would be a big loser following the HC order.
According to him the State Government’s decision to give 10 per cent reservation to EBC was not on the basis of castes, but for the upliftment of the poor. The State Government felt there was no need of survey, he added.
Pro-quota Patidar leader and convener of Patidar Anamat Andolan Samiti (PAAS) Hardik Patel said that EBC reservation was mere lollipop and now it had been melted. Patel further said that the Ordinance was unconstitutional and it was issued without proper process.
He maintained that PAAS would continue agitation with demand to give Patel community reservation in Government jobs and educational institutions under OBC category.