Orissa high court upheld SAT order on SEBC reservation

  • | Wednesday | 19th July, 2017

But the government never carried out any survey of SEBC candidates before enacting the reservation Act for them. "We argued in court that state government should affix reservation for SEBC after properly quantifying them. Subsequently, the state government had challenged the Tribunal's order in High court. CUTTACK: In a major jolt to the state government, the Orissa high court has upheld the State Administrative Tribunal 's 2013 order quashing the State Reservation Posts and Service (For Socially and Educationally Backward Classes) Act, 2008.In 2008, the state government had enacted the Act, fixing the quota for socially and educationally backward classes in government jobs at 27 per cent. Providing relief to them, the tribunal had quashed the Act in 2013.

CUTTACK: In a major jolt to the state government, the Orissa high court has upheld the State Administrative Tribunal 's 2013 order quashing the State Reservation Posts and Service (For Socially and Educationally Backward Classes) Act, 2008.In 2008, the state government had enacted the Act, fixing the quota for socially and educationally backward classes in government jobs at 27 per cent. The Act came into force by way of a gazette notification issued on February 7, 2009.With this reservation of 27 per cent jobs for SEBC, the total reservation in the state reached to 65.75 per cent in government jobs, as the state has earmarked 16.25 per cent and 22.5 per cent reservation for SC and ST categories respectively. This was in violation with the Supreme Court that had fixed 50 per cent limit for total reservation.Challenging the Act, few government job aspirants had moved SAT alleging that the said Act is not good in the eye of law as after it's with formulation reservation in government jobs has crossed 50 % limit. Providing relief to them, the tribunal had quashed the Act in 2013. Subsequently, the state government had challenged the Tribunal's order in High court."We argued in court that state government should affix reservation for SEBC after properly quantifying them. But the government never carried out any survey of SEBC candidates before enacting the reservation Act for them. And the court also took note of it and upheld the SAT's order," said one of the petitioner's counsel, Manoj Khuntia.The court has observed in its June 29 order, the copy of which was received on Wednesday, that no data has been collected so far SEBC category by the state, hence the Act cannot be justified, added Khuntia.Notably, after 2013 SAT's order, the state government as an interim measure had reduced the SEBC reservation to 11.25% from 27 %.

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