State Govt in trouble over 27% reservation for SEBCs FRIDAY, 28 SEPTEMBER 2012 23:15 PNS | BHUBANESWAR HITS: 6 ·

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Ifound this news  interesting and i enclose the news ,published in the Pioneer for your perusal.

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 Bhubaneswar  State Govt in trouble over 27% reservation for SEBCs

State Govt in trouble over 27% reservation for SEBCs

FRIDAY, 28 SEPTEMBER 2012 23:15

PNS | BHUBANESWAR

HITS: 6

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There seems little hope for inclusion of the 27-per cent reservation benefits for the SEBC (Socially and Economically Backward Classes) in Odisha in the Ninth Schedule of the Constitution in near future.

The State Government has legislated the Odisha Reservation of Posts and Services (for SEBCs) Act, 2008, which was notified in the State Gazette on February 7, 2009 for enhancing the percentage of reservation for this group from 11.25 per cent to 27 per cent.

The State Government notified the Act without sending it for Presidential assent and inclusion in the 9th Schedule of the Constitution. On the basis of the notified Act, steps were taken for recruitment in different posts resulting in a train of litigations in the High Court and State Administrative Tribunal.

The issue relating to reservation for the SEBCs got complicated as the Act was referred to the Central Government for inclusion in 9th Schedule. After examining the matter, the Union Ministry of Social Justice and Empowerment raised several questions, and now the ball is in the curt of the State Government to justify the reason for inclusion of the reservation in the 9th Schedule.

It may be mentioned that in a landmark judgment in the case of Indra Swahney, the Supreme Court declared that reservation cannot exceed a 50-per cent limit. This was reiterated in several cases. But despite the apex court’s verdict, the State Government allowed 27 per cent reservation to the SEBCs in the year 1994, thereby enhancing the total reservation to 65.75 per cent.

The Odisha Administrative Tribunal, while adjudicating the Hara Priya Das case, had disapproved of this and remarked that by no stretch of imagination can Odisha be treated as far-flung and remote areas and the people of this State out of mainstream of national life.

The State Government took the matter to the High Court and then to the Supreme Court, but ultimately lost the battle for which the State was compelled to bring down the percentage of reservation for the SEBCs to 11.25 per cent.

Thereafter, the Odisha Reservation of Posts and Services (for SEBCs) Bill was passed in State Assembly which was later on notified in the State Gazette as an Act. There is a provision in the Act to give it retrospective effect from December 8, 1994.

Till date, this Act has not been validated as per Article 31(B) of Constitution. As it is affecting the basis structure of the Constitution and contradicting the law laid down by the Supreme Court, the Ministry of Social Justice & Empowerment has sought specific clarifications. So, the law for 27 per cent reservation for the SEBC category is hanging in balance.

Besides, officers are also confused because soon after advertisement of any recruitment notification in State Government Services, including OAS, litigations are only multiplying in courts.

Though a section in bureaucracy is of the opinion that as the law is passed in the legislature and notified in the State Gazette, the provision of 27 per cent reservation for the SEBCs is just and proper, legal experts are giving contradictory opinion that till it is included in the 9th Schedule of Constitution the Act is inoperative.

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