HC issues notice to Gujarat govt on ordinance giving 10% EWS reservation

31 May, Ahmedabad

Gujarat High Court Tuesday issued notice to the state government over a petition challenging an ordinance providing 10 per cent reservation in government jobs and educational institutions to members of Economically Weaker Section.

A vacation bench of Justice Paresh Upadhyay issued notice to secretaries of Legislative and Parliamentary Affairs department, Education department and General Administrative department and posted the matter for further hearing on 22nd June

However, the High Court has rejected the demand of petitioner to stay the ordinance issued by the Government. The notice was issued after a petitioner Jayant Manani filed a petition challenging the 1st May ordinance, in which he stated that “special provision for reservation to economically weaker section is contrary to fundamental rights under Articles 14, 15 and 16 of the Constitution.

The petitioner said that ordinance was in “direct conflict” with the judgement of the apex court that a state cannot provide more than 50 per cent reservation and that reservation could only be allowed on “ground of social and educational backwardness and not poverty per se”. The petitioner also questioned the passage of ordinance “without collecting necessary data with regard to economical backwardness”.

The state government had issued an ordinance -on 1st May.

Gujarat Unreserved Economically Weaker Sections (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) Ordinance, 2016 was issued against the backdrop of the agitation by Patidar community.

The ordinance provides 10 per cent reservation to economically weaker sections of the society other than SCs, STs SEBCs for admissions in the educational institutions and government jobs. The reservation is applicable to persons with annual family income cap of Rs 6 lakh.