Rajasthan HC stops Vasundhara Raje govt from implementing 5 per cent reservation to Gujjars

The Vasundhara Raje government had last month passed the OBC reservation bill to raise the reservation for other backward classes (OBCs).

Justice KS Jhaveri said that the leaders are dividing nation by implementing such bills for their political gain. Rajasthan government had passed new reservation bill in state assembly increasing OBC limit from 21 per cent to 26 per cent for accommodating 5 per cent Gujjar reservation.

State reservation limit crossed 50 per cent due to the bill and reached to 54 per cent.

It has been stated by the petitioner Ganga Sai Sharma that the state government is in the way of implementing the bill after being duly approved by the assembly and once the notification of act coming into force, it will create complications and will multiply the litigation as government will give employment in vacancies which will create third party rights.

Therefore, it is necessary that the state government be restrained from giving effect to the new amended provision whereby the reservation has been increased from the ceiling of 50 per cent.

The bench asked the advocate general whether the state government wish to implement the provision of the bill or whether the state government will get to keep the bill in abeyance till the matter is decided by the Supreme Court.

The bench was of the view that the state government must take prior permission from the Supreme Court before implementing the new provisions sought to be introduced by the new bill

The bench also made a pertinent observation that the state government wants to take a popular view in public and try to use the court as shield to implement the reservation.

The bench made strong remarks against the approach of the state government and said that the state government must proceed to get the constitution amended instead of bringing piecemeal legislation.