SC stays interim order of Rajasthan High Court on OBC quota
New Delhi, November 16: Supreme Court on Wednesday stayed the Rajasthan High Court's interim order of restricting the state government from notifying the law giving quota to Gujjars and other four other nomadic communities under OBC category.
A bench of Chief Justice Dipak Misra, Justices AM Khanwilkar and DY Chandrachud of SC accepted the Rajasthan government's petition that a court cannot stop a legislative process and set aside the High Court's prohibitory order. The Apex court also further clarified that the State will not cross 50 percent of reservation until the writ petition is decided by the Rajasthan HC.
However, the apex court also restrained the state government from taking any decision on administrative side for conferring any benefit of reservation under the new law till the matter was finally decided by the High Court.
On 9th of November this year, the Rajasthan High Court ordered a stay on the state government's bill in this regard. Earlier, the Rajasthan assembly passed a bill that increased the reservation for OBC from 21 percent to 26 percent which would have benefitted the Gujjars and four other nomadic communities including Gujjar, Banjara, Gadia-Lohar, Raika and Gadariya communities.