Setback to Gujarat BJP as HC scraps 10 pc EBC quota

August 4, 2016

Ahmedabad, Aug 4: In a setback to BJP Government in Gujarat ahead of the leadership change, the High Court here today quashed the ordinance providing 10 per cent quota for the economically backward among the unreserved category, promulgated to pacify the agitating Patel community.

EBC

The state government said it will challenge the High Court decision. The HC stayed the order for two weeks on the request of the state government pleader so that they can approach Supreme Court.

Terming the ordinance issued on May 1 as "inappropriate and unconstitutional", a division bench of Chief Justice R Subhash Reddy and Justice V M Pancholi rejected the state's argument that it is a classification under the general category and not the reserved category and held that it will breach the 50 per cent quota cap set up by the Supreme Court.

Significantly, the High Court order has come when the BJP government is all set to have a new chief minister after the resignation of Anandiben Patel yesterday as the ruling party grapples with multiple challenges, including Patidar quota stir, ahead of next year's Assembly polls.

Sticking to its stand on the EBS quota, the BJP Government said it will move the Supreme Court against High Court decision to scrap the ordinance which was announced by Anandiben to pacify the agitating Patidars who were demanding quota in jobs and educational institutions under OBC quota.

However, Patidar quota leader Hardik Patel welcomed the order and said their agitation for quota under OBC category will continue.

The court observed that 10 per cent reservation for poor among the unreserved category takes the total quota beyond 50 per cent, which is not permitted as per the Supreme Court's earlier decision.

The high court also said that the government took the decision without any study or scientific data.

Petitioners Dayaram Verma, Ravjibhai Manani, Dulari Basarge and Gujarat Parents' Association had separately challenged the ordinance announcing reservation of 10 per cent seats to candidates belonging to the unreserved category with family income cap of Rs 6 lakh annually in government jobs and educational institutions.

Their petitions were heard together.

The Patel quota stir, spearheaded by Patidar Anamat Andolan Samity led by Hardik Patel, is seen to be a key factor that led to the leadership change in the state, where assembly polls are due in a little over an year.

The BJP had suffered heavy losses in the rural local bodies polls, which were blamed on the quota stir of the numerically and socially strong Patel community.

Reacting to the order, Health minister Nitin Patel, considered to be a front runner for the Chief Minister's post, said the Government will stick to the provision of EBC quota and challenge the HC order in the apex court as soon as possible.

The government pleader had told the court that the reservation is actually "a further classification in the general, open, unreserved category" and does not violate either Supreme Court order or Constitutional provisions.

The state government, in its affidavit, said the ordinance does not violate provisions of the Constitution nor does it go against the Supreme Court orders.

"The ordinance should be read with Article 46 of Constitution (which states that social justice is required for weaker sections of society) and not with reference to Backward Class quota," the affidavit said.

The petitioners submitted before the court that the reservation violates the Supreme Court's order providing 50 per cent ceiling for quota in the Indra Sawhney vs Union of India case.

They said that additional 10 per cent reservation reduced the number of seats in educational institutions for candidates from unreserved category with annual family income of more than Rs 6 lakh.

On May 1, the state had issued the ordinance providing 10 per cent reservation to persons from economically weaker sections from unreserved category, other than the SC, ST and OBC, for admissions in educational institutions and government jobs.

The reservation is applicable to persons with annual family income cap of Rs 6 lakh.

"When we announced the 10 per cent EBC reservation, our government had clearly stated that we will stick to this provision of EBC quota in any situation. Thus, we will file an appeal in the Supreme Court against today's order by High Court, which rejected this quota today," Nitin Patel said.

Hailing the order, Hardik Patel said, "The court had clearly said that EBC quota was unconstitutional.

"We welcome the order, as we always wanted reservation as per the Constitution. Thus, our agitation for reservation under OBC quota will continue till we get justice" Patel said through a video message from Udaipur, Rajasthan. He was directed to stay out of Gujarat for six months by the high court while being granted bail in a sedition case related to the agitation last month.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 4,2020

New Delhi, Feb 4: Uttar Pradesh Chief Minister Yogi Adityanath on Monday accused Arvind Kejriwal of having a "partnership" with Pakistan and appealed to the people in Delhi to not vote for the AAP chief as it will make Pakistan happy.

Ramping up his attack on the Shaheen Bagh protest, Adityanath said that the protest against the Citizenship Amendment Act (CAA) is merely an excuse for people to vent their anger against the scrapping of Article 370.

"You must have seen their partnership on 370. Arvind Kejriwal used to speak in the same voice as Imran Khan on Article 370. You must have heard it.

"Now when elections are taking place in Delhi, who is speaking in favour of Arvind Kejriwal? It is the ministers of Pakistan. They are aware that Kejriwal is feeding 'biryani to protesters at Shaheen Bagh'," he said, referring to Pakistan minister Fawad Chaudhry's tweet asking Indians to defeat Prime Minister Narendra Modi.

Adityanath addressed three rallies on Monday in the national capital ahead of assembly elections.

"Will Pakistan decide who Indians should vote for. If voting for Kejriwal will make Pakistan happy, should it be done," he asked at a rally in Mehrauli.

Adityanath said his Delhi counterpart Kejriwal has become a "toy in the hands of anti-social and anti-India elements".

Addressing a rally in Vikaspuri in west Delhi, he said that Kejriwal is not bothered about key issues such as providing clean drinking water but is concerned about Shaheen Bagh, the anti-citizenship amendment act protest site.

At another rally in Uttam Nagar in west Delhi, Adityanath said Kejriwal has played with the emotions of the people of Delhi for the last five years.

"He obstructed the development of Delhi. And knowingly and unknowingly, he became a toy in the hands of anti-social and anti-India elements," Adityanath said.

The protest at Shaheen Bagh, he said, has disrupted traffic across the capital.

"A guest with an appointment to meet him at 9.30 am could only reach at 11. He told me he had left as early as 7 am but got stuck because of the traffic in Shaheen Bagh," he said.

The Uttar Pradesh chief minister also slammed Kejriwal for "sympathising" with elements who he said gave anti-India slogans in Jawaharlal Nehru University.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 1,2020

New Delhi, Jan 1: Union Minister Prakash Javadekar launched a scathing attack on the Aam Aadmi Party and the Congress for allegedly inciting violence in Delhi against the Citizenship (Amendment) Act. Mr Javadekar said the violence over the amended citizenship law that broke out in areas like Jamia Nagar, Seelampur and Jama Masjid "cannot be forgiven".

"In Jamia, the Congress' Asib Khan and AAP's Amanatullah Khan delivered inciting speeches. They spread disinformation. The law is to give citizenship to people and not take citizenship away," Mr Javadekar told reporters.

He said the people of India understand the plans of the Congress and the AAP and both parties should apologise.

"We will bring out the truth. The fight is between anarchists and those who oppose them. Our agenda would be wholesome development of Delhi. The AAP strangulated municipal corporations' attempt on development. Rs 900 crore was not given. Today, the people of Delhi are surprised that the AAP slept through all these 4.5 years and in the remaining six months they have launched schemes," Mr Javadekar said.

"The work is done by someone else and the credit is taken by a different individual," the Union Minister said, referring to allegations that the government led by Chief Minister Arvind Kejriwal took credit for work done by BJP-ruled municipal agencies.

"Who did fogging in dengue season? Our corporations organised an awareness drive against water accumulation and dengue cases went down. During corporation polls, Kejriwal said don't choose BJP as dengue will claim lives. Now he is also claiming credit for decrease in dengue cases because of the work done by these corporations," Mr Javadekar said.

"I am an environment minister. We worked on pollution control. There is no limit to their (AAP's) lies. About unauthorised colonies, the AAP says we have not regularised it. We made a law signed by the President, yet they spread lies," Mr Javadekar said.

The election in Delhi will be held before the end of February.

Comments

Angry Indian
 - 
Wednesday, 1 Jan 2020

Wash you face with cow urine !!!

sorry sorry with DOG URINE...

you will be enlightened...

 

get lost moron...from wher u came....rat hole or A@@ hole

Fairman
 - 
Wednesday, 1 Jan 2020

Don’t pollute Delhi. Leave them alone.

Every citizen including your own BJP minded people all are very happy with Kerjrival and Aam Admi Party.

 

Every citizen in Delhi are very very happy.

For God sake leave alone, don’t disturb them as spoiled in other parts of the country.

 

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 22,2020

Jan 22: India's ranking in the latest global Democracy Index has dropped 10 places to the 51st spot out of 167 owing to violent protests and threats to civil liberties challenging freedoms across the country.

Prime Minister Narendra Modi's government has been criticized by rights groups and western governments after shutting off the internet and mobile phone networks and detaining opposition politicians in Kashmir.

Modi’s government has also responded harshly to ongoing protests against a controversial, religion-based citizenship law. Muslims have said their neighborhoods have been targeted, while the central government has attempted to ban protests and urged TV news channels not to broadcast “anti-national” content. Some leaders in Modi’s ruling party called for “revenge” against protesters. India’s score in 2019 was its worst ranking since the EIU’s records began in 2006, and has fallen gradually since Modi was elected in 2014.

The Economist Intelligence Unit’s 2019 Democracy Index, which provides an annual comparative analysis of political systems across 165 countries and two territories, said the past year was the bleakest for democracies since the research firm began compiling the list in 2006.

“The 2019 result is even worse than that recorded in 2010, in the wake of the global economic and financial crisis,” the research group said in releasing the report on Wednesday.

The average global score slipped to 5.44 out of a possible 10 -- from 5.48 in 2018 -- driven mainly by “sharp regressions” in Latin America, Sub-Saharan Africa, the Middle East and North Africa. Apart from coup-prone Thailand, which improved its score after holding an election last year, there were also notable declines in Asia after a tumultuous period of protests and new measures restricting freedom across the region’s democracies.

Asia Declines

Hong Kong, meanwhile, fell three places to rank 75th out of 167 as more than seven months of violent and disruptive protests rocked the Asian financial hub. An aggressive police response early in the unrest, when protests were mostly peaceful, led to a “marked decline in confidence in government -- the main factor behind the decline in the territory’s score in our 2019 index,” the group said.

In Singapore, which ranked alongside Hong Kong at 75th, a new “fake news” law led to a deteriorating score on civil liberties.

“The government claims that the law was enacted simply to prevent the dissemination of false news, but it threatens freedom of expression in Singapore, as it can be used to curtail political debate and silence critics of the government,” EIU analysts said.

China’s score fell to just 2.26 in the EIU’s ranking, placing it near the bottom of the list at 153, as discrimination against minorities, repression and surveillance of the population intensified. Still, in China “the majority of the population is unconvinced that democracy would benefit the economy, and support for democratic ideals is absent,” the EIU said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.