The Rajasthan High Court has stayed the government decision to allot 5 per cent reservation to special backward classes in government jobs and educational institutes in the state. The move was expected by the Gurjjar community, who were included in the SBC category in an effort to appease them.
A special bench of Justices Narendra Kumar Jain and J K Ranka heard a PIL filed by one Mukesh Solanki and stayed the government’s decision on Monday. The next hearing is slated for February 19, till when the government cannot implement the quota.
The bench noted that with the 5 per cent quota, total reservations in the state crossed the 50 per cent mark, which was against the law.
On November 28, the state government had approved an OBC commission’s report recommending 5 per cent reservation for SBCs in government jobs and educational institutions. The government accepted the report, with the quota coming in over and above the existing 49 per cent reservation already implemented in the state. Before this, the state had 21 per cent reservation for OBCs and another 28 per cent for SC/STs.
The state Cabinet decided to include five communities under SBCs — Banjara/Baldia/Labana, Gadia Lohar/Gadolia, Gurjjar/Gujjar, Raika/Raibari and Gadaria/Gayari and instructed the Personnel Department to accordingly amend the service rules.
The Gurjjar community led by Kirorilal Bainsla had clamoured for additional reservation within the 50 per cent framework anticipating intervention of the court. On Tuesday, Bainsla said the court’s decision had strengthened his resolve to fight for reservations for his community. “We will now contest elections and win 23 seats. We will fight as Independent candidates and have no allegiance to the Congress, BJP or any third front,” he said.