Plea In Bombay High Court Challenges 2% Reservation For Special Backward Classes In Govt Jobs

According to the plea, the 2% SCB reservation was over and above the 50% ceiling limit regarding Government and public sector jobs. It was introduced in 1994 and was violative of constitutional provisions. The requirement of extraordinary circumstances for culling out such reservations was also absent, the plea added.

"If the State of Maharashtra wants to provide any reservation to SBCs after satisfying the criterion for backwardness, they can easily be accommodated within the reservation limit of 50%. After excluding the 20% reservation of SCs and STs (13% for SCs and 7% for SCs), 30% reservation can be provided to OBCs/VJ/DT/SBCs without exceeding 50% reservation limit and even after doing so, OBCs/VJ/DT/SBCs will be getting the 30%," the plea states.

The petition thus seeks to quash and set aside a government resolution from 1994 and Section 4 of the Maharashtra State Public Services (Reservation For Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Special Backward Category And Other Backward Classes) Act, 2001 regarding the 2% reservation for SBC's as being invalid and violative of the provisions of the Constitution of India.

The plea adds that no efforts have ever been made to find out whether the castes included in the SBC category are backward, much less any data to show their backwardness under Article 16(4) of the Constitution of India.

The article provides that the state must identify and collect quantifiable data showing the backwardness of a particular class or group and inadequate representation of that group in public employment.

The SBC reservation is only for jobs and not education, the plea filed through Advocate Sanjeet Shukla states.

A mandatory requirement of a recommendation by the State Backward Class Commission to include or declare the castes in the SBC category as backward is not there in the present case.

The plea states that any caste under the Special Backward Category found to be backward shall be included in the Other Backwards Classes category (OBC).

The petition cites the Supreme Court Judgement in Indra Sawhney v. Union of India, 1992 Supp (3) SCC 217 where it was held that while 50% shall be the rule, only can the limit be pushed to beyond 50% in extraordinary circumstances. Therefore, any reservation in pursuance of Article 15 & 16 would have 50% as a hard ceiling limit, it prays.

According to the petition, the following are listed as SBC castes, Gowaari, (1)Koshti (2) Halaba Koshti, (4) Sali, Swakul Sali (5) Lad Koshti (6) Gadhhewal Koshti (7) Deshkar (8) Salewar (deleted*) (9) Padma Shali.

All Kohli and similar castes, Muslim Religious Bhangi / Mehetar / Lalbeg / Halalkhor /Khakrob are also included in SBC.

The matter was listed on board today but did not reach.