The Supreme Court of India(SCI)on Tuesday
April 01,2014 directed the Centre to produce all the records relating to the
notification to include Jat community in the Other Backward Classes
(OBC) list for seven States to find out whether the government had
applied its mind before such inclusion.
The petitioners sought a direction to quash the notification to include Jats in OBC list contrary to the recommendation of the National Commission for Backward Classes (NCBC) rejecting such inclusion
The seven States in which Jats would benefit by the notification are:
Uttar Pradesh, Madhya Pradesh, Gujarat, Rajasthan, Haryana, Himachal
Pradesh and Bihar.
Senior counsel K.K. Venugopal and senior counsel Viswanath Shetty
appearing for the petitioners submitted that the NCBC on February 26 had
passed an order refusing to include Jats in the OBC list.
K K Venugopal
said as per the Indra Sawney judgment (Mandal case) the recommendations
of the Commission were binding on the government. If the government
wanted to take a different view it should give special reasons, he said,
and added in this case the government, in its notification issued on
March 4, 2014 one day prior to the election notification (when Model Code of
Conduct came into force), without giving any reason.
Alleging that the notification was a fraud on the Constitution, K K Venugopal said
no right thinking govt would do that.
K K Venugopal said if the decision was
implemented Jats would take away the quota reserved for other backward
communities.
K K Venugopal said if admission of Jats were made in schools and
colleges under the OBC quota it would have serious repercussions.
K K Venugopal pleaded for stay of the operation of the notification.
The bench, however told the counsel, it would consider the question of
stay after hearing the views of the Centre.
Hence the SC called for
the production of the records relating to the issuance of the
notification to include Jats in the OBC list.
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