VED PRAKASH SINGH THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Constitutional validity of Section 4(2)(i) of the Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 (for short, 'the Act') as amended by the Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) (Sanshodhan) Ordinance, 2019 (for short 'the Ordinance') whereby the extent of reservation provided under the Act to an extent of 14% has been enhanced to 27% taking the total extent of reservation under four different segments to 82% (Scheduled Caste-13%, Scheduled Tribe-32%, Other Backward Class-27% and Economically Weaker Section-10%) for class I, II, III and IV posts is put to challenge in these cases. It is pointed out that as per the law declared by a 9 member Bench of the Apex Court in Indra Sawhney v. Union of India & Others, 1992 Supp3 SCC 217 and the Constitution Bench in M. Nagaraj & Others v. Union of India & Others, 2006 8 SCC 212, the reservation, under no circumstance shall exceed 50% and that the amendment is totally contrary to the law declared by the Apex Court. It is further brought to the notice of this Court that when the existing reservation was enhanced from 50% to 58% as per the earlier amendment brought out in the year 2012, it was already subjected to challenge and the issue is pending consideration in Writ Petition (C) No. 591 of 2012 and connected cases.

(2.) In response to the interim relief sought for, the official Respondents/State filed a detailed reply seeking to sustain the course of action pursued in enhancing the reservation. The matter was heard elaborately by this Court and an interim order of stay was granted on 04.10.2019 directing the Respondents not to pursue any further steps for providing benefits flowing from the Ordinance under challenge, granting enhancement of reservation to the OBCs from 14% to 27% until further orders. It was also made clear that, this Court was not mentioning anything with regard to the reservation to the EWS category brought about as per the very same amendment, which was pending consideration before the Apex Court with reference to the amendment to the Constitution.

(3.) To understand the rival contentions and the reasons for granting interim order as above, we find it appropriate to extract the full text of the interim order dated 04.10.2019, which is self-explanatory, as given below: