http://articles.timesofindia.indiatimes.com/2011-11-01/jaipur/30345639_1_quota-benefit-obc-candidates-reservation-issue
HC notice to govt over quota in teachers' recruitment
TNN Nov 1, 2011, 02.46AM IST
JAIPUR: The Rajasthan High Court on Monday issued a notice to the
state government on a petition that challenges the quota benefit
allowed to candidates from the SC, ST and OBC categories in the
ongoing recruitment of teachers (grade-II).
The petition moved by the Samta Andolan Samiti and 38 candidates from
the non-reserved category that the state government was granting the
quota benefit without any legal or constitutional basis.
A division bench comprising Chief Justice Arun Kumar Mishra and
Justice N K Jain-I has sought replies on the petition from the chief
secretary, principal secretary (personnel), Rajasthan Public Services
Commission's secretary and other government officials concerned by
November 17.
The government advertised 8,946 posts of teachers (grade-II) between
2008 and 2010. Of these, 4,473 posts were reserved for the SC/ST/OBC
candidates.
As per the petition, the state government issued a notification on
September 19, 1951 to ensure representation of the SC/ST/OBC in public
employment. But the reservation in the state services, subordinate
services and Class-IV services was limited to 12.5% and 15%, which was
later changed for "political considerations". Through another
notification issued on October 3, 1973, an amendment was introduced in
all the service rules to provide reservation for SC/ST/OBC people in
recruitments as well as promotions.
An executive order passed on February 10, 1975, increased the quota to
16% for the SC and 12% for the ST, while yet another notification
issued on September 28, 1993, the state government granted 21% quota
to the OBC.
The petitioners have argued that before issuing all these
notifications and executive orders, the Rajasthan government did not
carry out the constitutionally required exercise of finding out if the
ST/ST/OBC people were still backward and were inadequately represented
in the state services. "These orders were issued in a sweeping manner,
applicable to all service rules without contextually considering their
effect on administrative efficiency in administration in each case,"
the Samiti's counsel Shobhit Tiwari told court.
The petitioners have quoted the Supreme Court's judgments,
observations and guidelines passed on the reservation issue while
deciding the Indira Sawhney, M Nagraj and other cases to oppose the
successive governments' decisions to continue the constitutional
provision of quota benefit, without fulfilling the legal conditions.
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