Gujarat HC Issues Notice On Plea Against Omission Of 10% EWS Quota In Civil Judge Recruitment

The High Court of Gujarat on Friday issued notice on a petition challenging the "breach of equality" in recent advertisement for recruitment of civil judges as the same does not provide for benefits of 10 per cent reservation for the Economically Weaker Section.

Justice N V Anjaria issued notice to the State's Department of Social Justice and Empowerment, the Gujarat State Public Service Commission and the Registrar, Recruitment Cell of the high court seeking their response by January 10, 2020.

The petitioner, Dilipkumar Maganbhai Savukiya moved court through advocates Vishal Dave, Nipun Singhvi and Hiral Mehta challenging the advertisement issued on August 26 for recruitment of civil judges which, he said, was violative of Articles 15(6) and 16(6) of the Constitution of India, 1950 since it did not implement the economically weaker sections (EWS) Quota Scheme inserted by the Constitution (103rd Amendment) Act, 2019.

Savukiya, a practicing advocate from Surendranagar District, said he was willing to apply for the recruitment but "the advertisement did not mention about the 10% reservation of the EWS Quota scheme. The age limit as specified for general category was 35 years but for availing the benefit of 10% reservation to the economic weaker section, 3 years relaxation is given to the candidates of general category. It is submitted that, the date of birth of the Petitioner is 15.12.1983, therefore, since in the aforesaid advertisement of recruitment does not mention/include or give benefit of 10% reservation of EWS Quota, the application of the Petitioner could not be accepted as neither there was any reference nor was there the option for EWS quota in the on-line recruitment form".

He also relied on a notification dated 07.08.19 issued by the High Court of Punjab and Haryana for direct appointment to Haryana Superior Judicial Service- 2019 and informed that the notification implemented EWS Quota Scheme in judicial recruitment.

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