Chhattisgarh High Court: More than 50 percent of reservation was unconstitutional

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58% is related to the decision of reservation on admission. While delivering its verdict , the Division Bench of Chhattisgarh High Court Chief Justice Arup Kumar Goswami and Justice PP Sahu has set aside 58 per cent reservation.

The Division Bench of the Chhattisgarh High Court has given an important decision on Monday on the petition challenging the reservation. Chhattisgarh Bilaspur High Court has declared more than 50% reservation as unconstitutional. The matter pertains to the decision of the state government in 2012 to make 58 per cent reservation in government appointments and admissions in medical, engineering and other colleges. While delivering its verdict today, the Division Bench of Chhattisgarh High Court Chief Justice Arup Kumar Goswami and Justice PP Sahu has set aside 58 per cent reservation.

In 2012, the then Raman government had decided to give 58 percent reservation. A petition was filed challenging this decision of the state government. The petition was heard in the Division Bench of Chief Justice and Justice PP Sahu. It is noteworthy that the then BJP government in the state had decided to provide 58 percent reservation in the year 2012. Challenging this decision of the state government, Dr. Pankaj Sahu and Arun Kumar Pathak and others had filed a petition in the Chhattisgarh High Court through advocates Matin Siddiqui, Vinay Pandey.

The petitioners had submitted that more than 50 per cent reservation was against the guidelines of the Supreme Court and unconstitutional. While hearing all these cases, the Division Bench of Chief Justice Arup Kumar Goswami and Justice PP Sahu had reserved the decision. While delivering the verdict on Monday, it has been ordered that the provision of reservation of more than 50 percent is unconstitutional. The division, in its decision, has termed as unconstitutional the increase of reservation from 50 per cent in 2012 by the then state government to 58 per cent.

In the earlier hearings, the High Court had sought a written argument from the state government on the petitions against reservation. Significantly, the state government had issued a notification on January 18, 2012, making changes in the reservation policy. Under this, section 4 of the Public Service (Reservation of SC, ST and Backward Classes) Act 1994 was amended. Petitions were filed on giving a total of 58 percent reservation while making changes in the reservation of Scheduled Castes, Scheduled Tribes and OBCs. The petition was heard against the decision to implement a total of 58 percent reservation in the state including 32 percent for Scheduled Tribes, 12 percent for Scheduled Castes, and 14 percent for Other Backward Classes.

The court has canceled the provision of 58 percent in the reservation implemented by the state government in the year 2012. It is to be known that in the year 2012, there was a fierce controversy in Chhattisgarh over the increase of the reservation figure from 50 percent to 58 percent by the then BJP government. Protests were held in all the districts of the state against this decision of the state government. At the same time, there was a large-scale protest and agitation during that time.


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