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.

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Agencies
February 29,2020

New Delhi, Feb 29: Former RBI governor Raghuram Rajan has said slowdown in growth is due to the current government focussing more on meeting its political and social agenda rather than paying attention to the economy.

India can still reverse its slowing economic growth by paying attention to key issues, he said. "It's a sad story, I think most recently, it is politics," Rajan said in response to a question on what was stopping India's growth which remains below potential.

In an interview to Bloomberg TV, Rajan said unfortunately the current government after a massive election win has "focussed more on fulfilling its political and social agenda rather than paying attention to the economic growth".

"Unfortunately, this drift has continued a pace of slowing growth, which was precipitated initially by some actions the government took such as the demonetisation and a poorly rolled out Goods and Services Tax (GST) reform," Rajan said.

India's GDP growth hit nearly 7-year low of 4.7 per cent in the December quarter, as per official data released on Friday.

The GDP growth for the quarter is the lowest since January-March of 2012-13.

In the interview, which was telecast before the official numbers were released, Rajan said India has not paid sufficient attention to cleaning up the financial sector and unfortunately, that is leading to the slowing growth.

"These are things that they can change if attention is paid to them and appropriate actions are taken," Rajan, Professor of Finance at University of Chicago Booth School of Business, said.

On being asked about the spread of the coronavirus globally and its impact, he said there will certainly be some legacy issues in terms of business rethinking in the global supply chain.

"If it is disrupted anywhere, the entire supply chain is held ransom and companies are going to start rethinking that should we actually have these really spread out global supply chain or to bring them back closer home and how much diversification should we have. Should we have multiple production sites across the world rather than have it focussed primarily in Asia," he said.

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News Network
January 10,2020

New Delhi, Jan 10: An IPS officer's thumb was bitten by a woman protester when he was pushing back agitators, who were trying to march towards the Rashtrapati Bhawan here on Thursday, police sources said.

The protesters had gathered after a call was given by JNU Students' Union president Aishe Ghosh to march towards President's House to demand the removal of University's Vice Chancellor, M Jagadesh Kumar.

Ingit Pratap Singh, a 2011 batch officer, who is currently posted as the additional deputy commissioner of the southwest district, was injured in the attack.

According to sources, Singh was trying to pull a male protester when the woman, in a bid to shield her friend, bit Singh's left thumb.

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Agencies
February 27,2020

New Delhi, Feb 27: The US Commission on International Religious Freedom (USCIRF) has said that the Delhi violence in which over 30 people were killed, was specifically targeted against the Muslims.

Expressing "grave concern over the ongoing violence taking place in Delhi", the USCIRF in a statement said that as President Donald Trump's inaugural visit to India winds down, North-East Delhi has been rocked by deadly rioting, with reports of violence and mobs specifically targeting Muslims.

"These incidents are even more concerning in the context of efforts within India to target and potentially disenfranchise Muslims across the country, in clear violation of international human rights standards," USCIRF Commissioner Anurima Bhargava said.

"According to reports, several mosques have also been set alight or vandalized. Many Muslim residents have been forced to flee the area. This unrest comes in the wake of widespread protests against the Citizenship (Amendment) Act following its passage in December 2019.

"The brutal and unchecked violence growing across Delhi cannot continue," Bhargava said adding that the Indian government must take swift action to ensure the safety of all of its citizens.

"Instead, reports are mounting that the Delhi police have not intervened in violent attacks against Muslims, and the government is failing in its duty to protect its citizens."

USCIRF Chair Tony Perkins said the ongoing violence in Delhi and the reported "attacks against Muslims, their homes and shops, and their houses of worship are greatly disturbing".

One of the essential duties of any responsible government, he said, is to provide protection and physical security for its citizens, regardless of faith.

"We urge the Indian government to take serious efforts to protect Muslims and others targeted by mob violence."

In its annual report last year, the USCIRF classified India as a "Tier 2" country for engaging in or tolerating religious freedom violations that meet at least one of the elements of the "systematic, ongoing, egregious standard for designations as a "country of particular concern (CPC)", under the International Religious Freedom Act.

The ongoing violence in North-East Delhi erupted after clashes between pro and anti-CAA protesters on Sunday.

Besides the casualties, over 200 others have been injured in the deadliest violence in the national capital in decades.

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