SC rejects Rajasthan Government appeal for stay on SBC quota judgement of HC

On Friday (yesterday) the Supreme Court did not grant stay on the Rajasthan High Court judgment which struck down 5% Special Backward Classes (SBC) reservation. Appeal for stay on HC judgement was filed by Rajasthan Government in SC.


However, the state government got some relief as the court said the government should not disturb people who had already got admission in educational institutions and employment under the SBC till the matter is disposed of. The court order said, “Admissions so made to the educational institutions and appointments so made by the state shall not be disturbed pending final hearing of the matter. We also make it clear that no fresh admission and appointments shall be made pursuant to this interim order.” Hence, people who are already appointed through SBC quota have nothing to worry as of now.

The bench of Justice J Chelameshwar and Justice Abhay Manohar Sapre while allowing state’s special leave petition (SLP) asked the state government to maintain status quo as on February 3, 2017 till the final disposal of the petition. “The SC did not grant stay on the high court judgment of December 9, 2016 that was sought by the state government. As a temporary relief, the court ordered not to disturb the recruitment and admissions made before December 9, 2016.


The division bench of the Rajasthan High Court on December 9 last year scrapped the Rajasthan Special Backward Classes (SBC) reservation Act 2015 that provisions for 5% quota to five communities, including Gujjars. The high court struck down the notification of October 2015, saying that there were “no extra ordinary circumstances” to allow the state’s overall reservation in government jobs and education institutes to go beyond the 50% cap.

Government Stand:

The cabinet sub-committee, which comprises cabinet ministers Arun Chaturvedi, Rajendra Rathore and Hem Singh Bhadana, is monitoring the reservation demand of Special Backward Classes (SBC), which includes Gujjars,  and has said that the community’s quota would be safeguarded in all ongoing recruitments by different departments. The government would make efforts to grant appointments to SBC candidates who have cleared the recruitment process and protect the rights of those who were at various stages of the recruitment processes.

Way Ahead:

Need to wait for RPSC, take on matter:

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RPSC has initiated legal expert views to study the orders of Supreme Court as orders were not final and the apex court has only agreed for hearing along with ordering status quo on this situation.

NEWS in Hindi (Source Rajasthan Patrika)

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