ATYANT PICHHARA BARG CHHATRA SANGH Vs. JHARKHAND STATE VAISHYA FEDERATION
LAWS(SC)-2006-8-111
SUPREME COURT OF INDIA (FROM: JHARKHAND)
Decided on August 08,2006

ATYANT PICHHARA BARG CHHATRA SANGH Appellant
VERSUS
JHARKHAND STATE VAISHYA FEDERATION Respondents


Referred Judgements :-

INDRA SAWHNEY VS. UNION OF INDIA [REFERRED TO]





JUDGEMENT

A.R.Lakshmanan, J. - (1.)LEAVE granted.
(2.)THE above appeal is directed against the impugned common final judgment and order dated 16.8.2003 of the Division Bench of the High Court of judicature at Jharkhand, Ranchi passed in L.P.A. No.176 of 2003, whereby the High Court allowed the said appeal of respondent no.1 Jharkhand State Vaishya Federation and set aside the common judgment and order dated 3.3.2003 of the learned single Judge of the High Court and thus upheld the validity of Resolution No. 5800 dated 10.10.2002 of the State Government and thus affirmed the decision of the State Government to amalgamate the two classes i.e. Extremely Backward Class and Backward Class and the reduction of reservation from 12% and 9% respectively to 14% only for the purpose of admission in professional educational in- stitutions.
This appeal raises important questions of law with respect to reservation in professional educational institutions for the Extremely Backward Classes in the State of Jharkhand. The State of Jharkhand had given 73% reservation for appointments in Government services adopting the Bihar (Scheduled Castes, Scheduled Tribes and Backward Classes) Reservation Act (Bihar Act No. 3 of 1992) with certain modifications vide Notification No. 3465 of 2001 issued on 3.10.2001. Similarly through Notification No. 3884 of 2001 issued on 5.11.2001, there were four specific categories that were entitled to reservation in professional/technical colleges: JUDGEMENT_514_JT7_2006Html1.htm

The process of reservations to 73% was challenged before the High Court of Jharkhand on the ground that it was ultra vires the Constitution in a number of writ petitions. Keeping in mind the fact that a similar petition was pending before this Court (VOICE v. State of Tamil Nadu SLP (C) No. 13526 of 1993), the Full Bench of the High Court deferred the hearing to await the judgment of this Court. But as an interim measure, the High Court on 22.8.2002 reduced the reservation to 50% with specific directions to be given that any appointment to Government service made in the open category would be subject to the decision of this Court and also directed that the same reservations would mutatis mutandis apply to reservation in educational institutions as well. The Court clarified this order on 30.9.2002 which reads as under:

"The appointments thus to be made in the said 50% categories (as would now correspondingly stand reduced from 73% to 50%) shall, be on proportionate basis, with due reference and regard being had to the percentage of the categories as constituted the sum- total of the original impugned 73%."

(3.)ACCORDINGLY, the State of Jharkhand issued Notification No. 5800 of 2002 on 10.10.2002 superseding the earlier Notification of 5.11.2001 whereby quotas were reduced to 50% in consonance with the High Court's orders.
This action by the Government through Notification No. 5800 of 2002 dated 10.10.2002 of amalgamating two classes namely, Backward Classes and Extremely Backward Classes was challenged by the appellants before the High Court of Jharkhand through W.P.(C) Nos. 6220, 6332 and 6545 of 2002. The learned single Judge quashed the Notification. On appeal by the State, the Division Bench allowed the appeal.



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