Sunil Ambwani, C.J. - (1.) WE have heard learned counsel appearing for the parties at length, on several dates fixed in the matter. THE RELIEFS SOUGHT BY THE PETITIONERS.
(2.) IN these seven writ petitions with D.B. Civil Writ Petition (PIL) No. 6046/1999 as a leading case, filed in public interest by Ratan Lal Bagri and Ors., prayers have been made for quashing the Notification dated 27.10.1999 issued by the Union of India and the Notification dated 03.11.1999 issued by the State of Rajasthan including the "Jats" in the list of Other Backward Classes (OBC). They also prayed to declare that Jat, as a caste, is not Other Backward Class and is not entitled to any benefits available to OBC, with further declaration that the National Commission for Backward Classes (for short "the NCBC") submitted its report without conducting any survey and further that in the absence of recommendations of the State Commission for Backward Classes (for short, "the SCBC"), no caste can be declared as OBC by the State Government or Union of India. A writ of mandamus has been sought to direct the NCBC to conduct a detailed survey in accordance with the guidelines laid down by the Supreme Court in Indra Sawhney and Ors. Vs. Union of India and Ors. : (1992 Suppl. (3) SCC 217) for identification of backward classes, invite objections from the members of the other backward classes, obtain opinion from the State of Rajasthan and the SCBC and thereafter, submit a fresh report to the Central Government for consideration. In D.B. Civil Writ Petition No. 5936/1999 filed by Arjun Singh Rathore and others, in addition to the prayers made in the leading case, they have also prayed for a direction to quash the recommendations made by the NCBC to include the Jat community in the OBC category; to quash the Notification dated 27.10.1999 issued by the Union of India including the Jat community in the OBC category and the Notification dated 3.11.1999 issued by the State Government including the Jat community in the list of OBC in the State of Rajasthan. In prayer clause (e), the petitioners have prayed to dissolve the present State Commission for Backward Classes as it has been illegally constituted, with directions to the State Government to reconstitute it by nominating its Members, who are impartial and experts in their field and who can work without being guided by the political whims. In prayer clause (f), the petitioners have prayed for directions to the SCBC, after it is properly constituted, to decide the representations pending before it filed by the communities like Jats, Rajputs, Kayamkhani, Meo, Jadiya Shrimal, on their own merits after giving fresh hearing.
(3.) IN D.B. Civil Writ Petition No. 5947/1999 filed by Ram Kishore Gurjar and others, the petitioners, apart from praying for quashing and setting aside the Notification dated 27.10.1999 issued by the Union of India and the Notification dated 3.11.1999 issued by the State Government including the Jat community in the OBC category, have further prayed for a declaration that the Jat community could not be given the benefit of reservation in any of the State services and elections like Municipal Councils, Municipal Corporations and other Local Bodies and that if such benefit has been given, then that may be withdrawn. The petitioners also prayed for dissolving the SCBC and to reconstitute it by nominating its members, who are impartial and experts and not guided by political whims. They have also prayed for considering pending representations of the other communities to be included in the list of OBC.;