HC stays Chhattisgarh govt decision to hike reservation quota

RAIPUR: In a major jolt to the Congress government in

Chhattisgarh

, the high court has stayed its decision to enhance reservation for OBC’s to 27 per cent -- that took the overall reservation quota to 82 per cent in the state.

The division bench of Chief Justice PR Ramachandra Menon and Justice Parth Prateem Sahu on Friday stayed the reservation order after hearing a bunch of petitions filed by Ved Prakash Singh Thakur, Kunal Shukla, Dr Kirti Bhushan Pandey, Krishna Gopal Dubey, Navneet Tiwari and Vivek Singh Thakur, challenging enhancing the reservation to 82 per cent.

The writ petitions were filed last month under article 226 of the

Constitution of India

challenging the Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon aur Anya Pichhade Vargon Ke Liye Arakshan) (Sanshodhan) Ordinance - 2019 giving an overall 82 per cent reservation to the scheduled castes (SCs), scheduled tribes (STs), other backward classes (OBCs) and economically weaker sections.

Anish Tiwari, counsel for one of the petitioners, told TOI that the petitioners’ main contention was that the increase in reservation quota to more than 50 per cent is unconstitutional and illegal in light the apex court judgement in Indra Sawhney v/s Union of India case.

Petitioners' counsels argued that governor on September 4 promulgated an ordinance on hike in reservation under Article-213 of Constitution of India. And later on September 11, state government constituted a commission to make quantifiable data to find out social, economic and educational backwardness.

They had also argued that the reservation of OBCs was increased on the basis of National Sample Survey Organisation (NSSO), below poverty line (BPL) and RBI survey reports, not on the basis of census. They argued that the data of census and survey are different and increasing reservation quota on the basis of survey report is unconstitutional and illegal too.

State counsel Vijay Hansaria, who appeared before the high court, had told the high court that state government has increased the reservation quota to 82 per cent based on the report of Mahajan Committee.

The governor had promulgated an ordinance for amendnents in the Chhattisgarh Lok Seva Anuchit Jatiyon, Anusuchit Jan Jatiyon aur Anya Pichhade Vargon Ke Liye Arakshan Adhiniyam 1994, which changed the proportion of schedule caste from 16 per cent to 13 per cent, schedule tribes from 20 per cent to 32 per cent and other backward classes from 14 per cent to 27 per cent and also 10 per cent for other economic weaker sections.