Can new jobs offset quota, Supreme Court asks Rajasthan government
The court, however, protected the appointments and admissions already made under this quota.
New Delhi: The Supreme Court on Monday asked the Rajasthan government to consider whether it can create additional or super-numerary posts to accommodate those who were selected on the basis of 5 per cent quota for Gujjars in education and employment.
A Bench of Justices J. Chelameswar and Abdul Nazeer gave this oral observation after Attorney General Mukul Rohatgi for Rajasthan informed the court that the government will consider and get back after two weeks.
After the Rajasthan High Court quashed the quota, the apex court on February 3 ordered status quo and directed the state not to make any fresh appointment or admissions in educational institutions under the quota reserved for Gujjars and five other communities. The court, however, protected the appointments and admissions already made under this quota.
The Bench passed this order while admitting an appeal from the State of Rajasthan against a Rajasthan High Court judgment quashing the Special Backward Classes reservation law in the state given to Gujjars and five other communities.
The HC said a separate five per cent quota to the SBCs without touching the 21 per cent reservation available to OBCs took the overall reservation in jobs and education to 54% in the state, it is not permissible.