Raipur: The Chattisgarh High Court Monday has brought down a 2011 Amendment that provides reservation to backward classes in recruitments and entrance examinations. The amendment breaches the constitutional limit of 50 per cent.
“We are of the opinion that no special case is made out for breaching the reservation ceiling limit of 50% while increasing the reservation to 58%,” said the bench, reported LiveLaw.
A bench of Justice A.K. Goswami and Justice P.P. Sahu was hearing a batch of pleas challenging the amendment made to The Chattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchot Jan Jatiyon Aur Anya Pichere Wargo Ke Lie Arakshan) Adhiniyam, 1994.
The reservation is applicable for the people who belong to SC, ST and OBC. 2011 Amendment reserves post for them in public services. It also secure position in educational institutions established, maintained or aided by the State Government.
The court implied that the reservation can not be granted by exceeding the ceiling limit.
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The bench held that if it happens so then, the circumstances should be exceptional to the representation of inadequacy.
“Inadequacy of representation in services under the State or inadequacy of representation in educational institutions is relevant to the extent reservation is sought to be pegged below 50% but if the ceiling is to be crossed, then inadequacy in representation cannot be the sole determining factor and there has to be exceptional circumstances.”
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