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 20,2020

Tirupur, Feb 20: Nineteen people died in a collision between a Kerala State Road Transport Corporation bus and a truck near Avinashi town of Tirupur district on Thursday morning here.

The bus was on its way to Ernakulam in Kerala from Bengaluru in Karnataka when the mishap occurred.

Deputy Tehsildar of Avinashi Town informed, "19 people that include 14 men and 5 women, died in the collision between the bus and the truck near Avinashi town."

The bodies have been taken to Tirupur government hospital.
Further details are awaited.

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News Network
January 6,2020

Jan 6: India’s Finance Ministry has delivered a challenge to its revenue collectors: meet tax targets despite $20 billion of corporate tax cuts.

Through a video conference on Dec. 16, officials were exhorted to meet the direct tax mop-up target of 13.4 trillion rupees ($187 billion), a government official told reporters. Collection in the eight months to November grew at 5% from a year earlier, against the desired 17%.

The missive shows Prime Minister Narendra Modi’s urgent need to buoy public finances in a slowing economy where April-November tax collections were half the amount budgeted. Authorities withheld some payments to states and have capped ministries’ expenditure as the fiscal deficit ballooned beyond the target.

The government’s efforts to maintain its deficit goal goes against advice from some quarters, including central bank Governor Shaktikanta Das, who urged more spending to spur economic growth.

It’s uncertain though how much room Modi’s administration has to boost expenditure, given that it may already be borrowing as much as 540 billion rupees through state-run companies, a figure that isn’t reflected on the federal balance sheet. Uncertainty about public finances pushed up sovereign yields in November and December, compelling Das to announce unconventional policies to keep costs in check.

“This is not a time to conceal the fiscal deficit by off-budget borrowing or deferring payments,” said Indira Rajaraman, an economist and a former member of the Reserve Bank of India’s board. “If they were to stick to the target, that would be catastrophic because there is so much pump-priming that is needed right now.”

GDP grew 4.5% in the quarter ended September, the slowest pace in more than six years as both consumption and investments cooled in Asia’s third-largest economy. Only government spending supported the expansion, piling pressure on Modi to keep stimulating.

S&P Global Ratings warned in December it may downgrade India’s sovereign ratings if economic growth doesn’t recover. Government support seems to be waning now, with ministries asked to cap spending in the final quarter of the financial year at 25% of the amount budgeted rather than 33% allowed earlier. This new rule will hamstring sectors including agriculture, aviation and coal, where not even half of annual targets have been disbursed.

As the federal government runs short of money, it’s been delaying payouts to state administrations.

Private hospitals have threatened to suspend cash-less services to government employees over non-payment of dues, while a builder informed the stock exchange about delayed rental payments from no less than the tax office itself.

India is considering a litigation-settlement plan that will allow companies to exit lingering tax disputes by paying a portion of the money demanded by the government, the Economic Times newspaper reported Saturday.

The move will help improve the ease of doing business besides unlocking a part of the almost 8 trillion rupees ($111 billion) caught up in these disputes. The step, which is being considered as part of the annual budget, could also bridge India’s fiscal gap.

Finance Minister Nirmala Sitharaman has refused to comment on the deficit goal before the official budget presentation due Feb. 1.

A deviation from target, if any, “will need to be balanced with a credible consolidation plan further-out,” said Radhika Rao, an economist at DBS Group Holdings Ltd. in Singapore.

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News Network
July 12,2020

Gurugram, Jul 12: Union Home Minister Amit Shah on Sunday said that the whole world was appreciating India's successful fight against the COVID-19 pandemic.

Speaking ahead of the mega tree plantation drive of the Central Armed Police Forces (CAPFs) at the Central Reserve Police Force (CRPF) Officers' Training Academy in Kadarpur village here, the Home Minister also lauded the contribution of security forces in the battle against COVID-19 in the country.

"India is one of the most populous countries. Everyone thought how will a country like India battle COVID-19, there were apprehensions but today the whole world is witnessing how one of the most successful battles against COVID-19 has been fought here," the Home Minister said.

"In India's battle against COVID-19, all of our security forces are playing a huge role, nobody can deny it. Today, I salute these corona warriors. They have proved that they not only know how to fight terrorism but also against COVID with help of people," he added.

The Union Home Minister said that many jawans have given up their lives during the COVID-19 crisis phase and paid tributes to them.

"I have talked to families of those jawans and today once again I thank them, your sacrifice will not go waste. Whenever the history of the human race's fight against COVID-19 is written, the contribution of India's security forces will be mentioned in golden ink," he said.

He also hailed the plantation drive and said that trees planted today should be taken care of by the jawans till they reach maturity, he added the trees chosen for plantation today consisted mostly those which had a long life and would help the generations to come.

Together the CAPFs have targeted to plant around 10 lakh tree saplings across the country today. Heads of all the CAPFs or their representatives were present in the event held at Gurugram. 

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