MUKESH SOLANKI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties on admission of writ petition, stay application and applications for impleadment as party.

(2.) PETITIONER has preferred this writ petition challenging the constitutional validity of Section3(1), 3(2)(iv) and (v) and Section 4(1), 4(2) (iv) and (v) of the Rajasthan Schedule Caste, Schedule Tribes, Backward Classes, Special Backward Classes and Economically Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) Act, 2008 (hereinafter referred to as 'the Act of 2008'), whereby 68% reservation has been provided, exceeding the ceiling limit of 50%, in public employment as well as Educational Institutions for candidates belonging to Schedule Caste, Schedule Tribes, backward classes, special backward classes and Economically Backward Classes. The petitioner has also challenged the notification dated 30th November, 2012 (Annex.4), whereby 5% reservation has more been provided for five special backward castes i.e. (I) Banjara, Baldiya, Labana, (II) Gadiya Lohar and Gadoliya, (III) Gujar, Gurjar, (IV) Raika, Rebari (Debasi) and (V) Gadriya (Gadri), Gayari, in special backward classes category, in addition to 49% reservation already provided for S/C, S/T and Backward Classes. .

(3.) SHRI R.D. Rastogi, learned counsel for the petitioner also submitted that the notification was issued on 30th November, 2012, but in view of directions given in Captain Gurvinder Singh's case (supra), the same has been made effective after a period of two months from the date of notification, which will expire on 29th January, 2013. Therefore, it is necessary to stay the operation and effect of notification dated 30th November, 2012. He submitted that present matter is fully covered by decision given in Indra Sawney (supra) and M. Nagaraj (supra) as State has crossed its reservation ceiling limit of 50%. Therefore, the writ petition is liable to be admitted for hearing and operation of notification be stayed; otherwise this writ petition will become infructuous.