Supreme Court stops Rajasthan from acting on Gujjars reservation law

New Delhi: In a setback to the Rajasthan government, the Supreme Court while staying the High Court order in the quota law issue, restrained the state from taking any action or decision on the administrative side or in any manner conferring the benefit of reservation, which will have the result of crossing the total reservation beyond 50 per cent.

A three-judge bench of Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud while hearing the appeal on November 13 filed by Rajasthan government against the High Court order said it would pass orders soon.    

In its order uploaded on Wednesday, the bench said, “In our considered opinion, the order passed by the High Court staying the legislative process is totally uncalled for and, therefore, that part of the impugned order is stayed. However, taking into consideration the facts and circumstances of the case and various decisions of this court, we are inclined to restrain the state government from taking any action or decision on the administrative side or in any manner conferring the benefit of reservation, which will have the result of crossing the total reservation beyond 50 per cent.” The bench said, “As we intend to remit the matter to the High Court, the said direction shall remain in force till the writ petition is finally disposed of. The special leave petition is, accordingly, disposed of. There shall be no order as to costs.”

The state government was aggrieved against a Rajasthan High Court order restraining the State government from implementing the provisions of a Bill increasing quota for OBC from 21 to 26 per cent, to benefit Gujjars who have been agitating for reservation.

The Bill passed on October 26, created the ‘most backward’ category within the OBCs for providing reservation to Gujjars and four other nomadic communities in government employment and educational institutions.