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Gujarat HC notice to govt on another PIL against 10% EBC quota

The PIL said the quota breaches the 50% cap imposed by the Supreme Court and reservation can not be granted on the basis of poverty.

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The Gujarat High Court on Wednesday issued a notice to the state government on yet another public interest litigation challenging the ordinance providing 10 per cent reservation in educational institutions and government jobs for members of the economically weaker section of the general category. 

A division bench of Chief Justice R Subhash Reddy and Justice V M Pancholi issued the notice and scheduled a hearing for June 22, clubbing the petition with two other PILs filed on the same issue earlier. The latest PIL, filed by advocate I H Syed, challenges the ordinance on the ground that it violates the Supreme Court judgement in the `Indra Sawhney vs Union of India' case. 

The 1993 judgement puts a cap of 50 per cent on the reservations. 

Before this, Dulari Basarge, a student, has filed a PIL stating that the 10 per cent additional reservation curtails her chances to get admission to a government medical college. 

Another petition, filed by Jayantbhai Manani, also challenges the ordinance on the ground that it breaches the 50 per cent cap imposed by the Supreme Court and reservation can not be granted on the basis of poverty. 

On May 1, the BJP government issued the ordinance carving out 10 per cent EBC quota for the general category candidates in the face of the agitation of the Patel (Patidar) community for reservations. The new quota can be availed of by those with annual family income of upto Rs 6 lakh. 

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