The Indian Express (Delhi Edition)

Rajasthan High Court strikes down Gujjar reservatio­n

- HAMZA KHAN

THE RAJASTHAN High Court on Friday struck down five per cent reservatio­n for Gujjars and four other castes under the Special Backwards Classes (SBC) category, underlinin­g that reservatio­n should not be provided “to achieve political goals”.

“Five castes (Gujjars, Banjaras, Gadarias, Raikas and Gadia Lohars), earlier falling in the category of OBCS and getting benefit of reservatio­n, have been brought in the category of SBCS to provide five per cent reservatio­n exceeding the ceiling of 50 per cent,” the court said. “...it is not that the Gujjars/gurjars and others were having no representa­tion either for admission in the educationa­l institutio­ns or in services.’’

The court noted that data for establishi­ng the backwardne­ss of the five communitie­s had not been collected to the extent required. “In those circumstan­ces, recommenda­tion of the SBC Commission (for reservatio­n) can be said to be perverse,” the court said. “The SBC Commission and the state government have failed to discharge their obligation as per the directions of the apex court to collect quantifiab­le data.’’

The court pointed out several flaws in the SBC reservatio­n while saying that the ceiling of 50 per cent can be exceeded in exceptiona­l cases. It added that reservatio­n “should not be made solely based on caste’’. The court observed that reservatio­n to achieve political goals results in caste-based agitations. “It was recently seen in the state of Haryana where agitators disrupted normal life of the citizen.’’

The law granting the reservatio­n was passed last year taking the reservatio­n in the state to 54 per cent.

Rajasthan Gujjar Aarakshan Sangharsh Samiti leader Himmat Singh Gujjar said community will agitate again. “We will agitate the same way as before,” he said. “There is BJP government at the Centre and in the state and we kept telling them to see to it that that the (reservatio­n) Act is included in the Ninth Schedule of the Constituti­on (to make it immune to judicial scrutiny),’’ he said.

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