Rajasthan High Court orders stay on OBC reservation bill; move would have increased quota over 50 percent

Jaipur: The Rajasthan High Court on Thursday restrained the state government from implementing the provisions in the OBC reservation bill, 2017 aimed at increasing the ceiling of the quota beyond 50 percent for the benefit of the agitating Gujjar and four other communities.

A division bench of the court comprising Justice KS Jhaveri and Justice VS Vyas asked Advocate-General Narpat Mal Lodha whether the state government wished to implement the provisions under the bill or keep these in abeyance till the matter was decided by the Supreme Court.

It was of the view that the Rajasthan government must take prior permission of the apex court before implementing the new provisions sought to be introduced by the bill.

Petitioner Ganga Sai Sharma submitted that the state government is keen to implement the provisions in the bill once these were duly approved by the Assembly and once the notification for the act comes into force, it will create complications.

He also said it will multiply litigation as the government will give employment against vacancies which will create third party rights.

Therefore, it is necessary that the state government be restrained from giving effect to the amended provision in the bill to increase from the OBC reservation ceiling beyond 50 percent for the benefit of the Gujjar and four other communities, the petitioner said.

The court observed that the Rajasthan government wanted to take a populist view and try to use it as a shield to increase reservation.

The bench criticised the government’s approach, saying it must proceed to get the Constitution amended instead of bringing piecemeal legislation.