The Rajasthan High Court today clarified that there is no stay on one per cent special reservation extended to Gujjars and other four communities under the 'special backward classes' category in the state.
The order came when a division bench of the High Court was hearing an application of the Rajasthan government seeking certain modification of a court stay order dated January 29.
On January 29, the High Court had stayed the five per cent special reservation given to SBC candidates.
Last year, the Rajasthan government had decided to award five per cent reservation to Gujjars, Raika, Banjaaras, Gadiyalohar and Gadariya communities. The state already has 21 per cent reservation for OBCs and another 28 per cent for SC/STs.
In its order, the bench ruled, "What prevailed upon our mind while staying the provision of the law was that it was exceeding the upper ceiling of 50 per cent as fixed by the Supreme Court in various judgements."
"Further the prayer of PIL petitioners is also limited as they have challenged only the four per cent reservation that is in excess of the upper ceiling as such no modification of our stay order dated January 29, 2013 is required," the bench of Justices N K Jain and J K Ranka said, while rejecting the government's application.
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