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The Supreme Court in its order dated 15th November, 2017 said that the Rajasthan State Government cannot cross the 50% ceiling while providing reservation to backward classes and other communities under the OBC category by passing a new legislation titled Rajasthan Backward Classes (Reservation of Seats in Educational Institutions in the state and of Appointments and Posts in Services under the state) Bill, 2017
A bench headed by Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud issued the direction while disposing of the state government’s appeal against the High Court order prohibiting the government from enacting the provisions in the OBC reservation bill, 2017, aimed at increasing the ceiling of the quota beyond 50% for the benefit of the agitating Gujjars and four other communities. The HC order was passed on November 9 against which the state government has filed an appeal.
The court stated “taking into consideration the facts and circumstances of the case and various decisions of this court, we are inclined to restrain the state government from taking any action or decision on the administrative side or in any manner conferring the benefit of reservation, which will have the result of crossing the total reservation beyond 50 per cent,” top court said.
The division bench said, "In our considered opinion, the order passed by the high court staying the legislative process is totally uncalled for and, therefore, that part of the impugned order is stayed."
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