Gujarat moves SC against HC on 10% quota for EBC

NEW DELHI: Gujarat government moved Supreme Court Tuesday against the state HC’s verdict quashing an ordinance to provide 10% quota in admission and education for the economically backward among upper castes.

NEW DELHI: The Gujarat government moved the Supreme Court on Tuesday against the state high court’s verdict quashing an ordinance to provide 10% quota for the economically backward among upper castes with a minimum income of up to `6 lakh per annum in education and admission.

The petition asking the SC to set aside the HC judgment argues that the quota is not a reservation, as held by the HC, but a genuine classification on the economic ground.

Filed by advocate Hemantika Wahi, the appeal contends the benefit extended to individuals against the collective right.

On August 4, the HC held the EBC quota as unconstitutional, saying it cannot be granted on the basis of economic criteria. The Constitution permits quotas to socially backwards and Scheduled Castes and Tribes.

Observing that the state government has no power to make such provisions, the HC had ordered cancellation of admissions granted under the policy. In its appeal, the state has asked the SC to stay the judgment, which requires the state to reshuffle admissions, especially in engineering and other professional courses.

The Patidar agitation demanding quotas had forced the Anandiben administration on May 1 to issue the ordinance.