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The Rajasthan High Court today asked the state government to justify the 68 per cent reservation and explain as to why 'in the absence of justification' the excess reservation be not stayed for the time being.
The division bench, comprising justices NK Jain and J K Ranka asked Advocate General G S Bapna to come prepare to justify government's stand on the reservation tomorrow.
The court also sought state's explanation as to why, by way of an interim order, the excess reservation granted on the recommendation of State Backward Class Commission beyond 50 per cent ceiling be not stayed.
The order came on a petition filed by one Mukesh Solanki. R D Rastogi, counsel for the petitioner, told the court that the 5 per cent reservation was granted to 5 communities under the head of special backward classes in the state that minclude Gujjar community.
On November 29 last year, the state government had accepted the state OBC commission report, paving way for 5 per cent reservation in government jobs and educational institutes to five communities, including Gujjars, under Specially] Backward Category.
"These castes were very much included in the quota of 21 per cent reservation meant for other Backward Classes, but still new term 'special backward class (SBC)' was created to give reservation to the castes like the Gujjar community,"] said Rastogi.
The counsel for the petitioner said that according to the Supreme Court judgements the upper limit fixed for reservation is 50 per cent.
"But the state government gave 5 per cent reservation to Special Backward Classes that included gujjar, and 14 per cent more reservation to economically backward classes raising the available reservation graph from 49 per cent to 68 per cent which is beyond the permissible limit," said Rastogi.
The bench asked Advocate General to justify stand of the state government by Thursday as to why the reservation in excess to the upper ceiling not be stayed for the time being.
The petitioner has also sought quashing of recommendation made by Justice Israni in recommending special status for Gujjars and other four castes besides reservation to EBC.
The petitioner said that he belonged to Rajput community