IMPORTANT POINTS
Consideration of Expert Body report and disagreement therewith cannot amount to sitting in judgment over the views of the experts.
Union Government cannot be permitted to overlook recommendation/advice of NCBC having statutory force.
Antiquated data cannot be basis of current revision of OBC list by the Union.
Social backwardness is a distinct concept having its own connotations. Determination only on basis of educational and economic backwardness is not proper.
“Backward class” and “socially and educationally backward class” are not synonymous.

Headnote:(a) Constitution of India – Articles 15, 16, 38 and 46 r/w section 2(a) and (c), 8, 9, 10, 11 of National Commission of Backward Classes Act, 1993 and National Commission for Backward Classes (Power to Review Advice) Rules, 2011 – NCBC decision not to recommend reservation for Jat community – Cannot be said to be based on no material or unsupported by reasons or characterized as decisions arrived at on consideration of extraneous and irrelevant matters – Consideration of Expert Body report and disagreement therewith cannot amount to sitting in judgment over the views of the experts. (Para 46)
       1992 Supp (3) SCC 217; 1966 Supp SCR 311; (1969) 1 SCC 325; (1990) 3 SCC 223; (2003) 7 SCC 330 – Referred
       (b) Constitution of India – Article 16(4) – Government empowered to provide for reservation – Union Government bypassing NCBC recommendations and including groups of citizens in list of OBCs – Provisions of NCBC Act providing for constitution of the Commission and further making its recommendations binding on the Government cannot be overlooked – Union cannot be permitted to discard its self-professed norms which are statutory in character. (Para 47)
       (c) Constitution of India – Article 16(4) r/w Section 11, NCBC Act – Requiring revision of central list of OBCs every ten years – Lists notified by different States decades old – Antiquated data – Cannot be basis of current revision of OBC list by the Union. (Para 48)
       (d) Constitution of India – Article 16(4) – Social backwardness – Educational and economic backwardness may contribute to social backwardness – Social backwardness being a distinct concept having its own connotations – Decision only on basis of educational and economic backwardness not proper. (Para 49, 50)
       1992 Supp (3) SCC 217 – Relied upon
       (e) National Commission for Backward Classes Act – Section 11 – Commission’s recommendations binding on Union Government – Authority of Union Government to deviate – Only if the recommendations or the advice is wrong – Instantly, NCBC rejecting claims and reports on Commissions on ground of being based on outdated data – Not improper. (Para 51)
       (f) Constitution of India – Article 15(4) and 16(4) – “Backward class” and “socially and educationally backward class” – Not synonymous – Identification of a group as backward solely on the basis of caste – Routinely discouraged by Supreme Court – Backwardness – Not determinable by mathematical formula on basis of social, economic and educational indicators – Cannot also be determined in relative terms – Inclusion of politically organized classes such as Jats in the list of backward classes cannot be upheld. (Para 53, 54)
       1992 Supp (3) SCC 217 – Relied upon
       1963 Suppl. (1) SCR 439; (1973) 1 SCC 420 – Distinguished
       (2014) 5 SCC 438 – Referred
       Facts of the case:
       This group of writ petitions concerns reservation to the Jat community.
       Pursuant to several requests received from individuals, organisations and associations for inclusion of Jats in the Central List of Backward Classes for the States of Haryana, Rajasthan, Madhya Pradesh and Uttar Pradesh, the National Commission for Backward Classes (NCBC) studied their claims and submitted a report on 28.11.1997. It recommended inclusion in the Central List only of the Jats of Rajasthan, except the Bharatpur and Dhaulpur districts.
       The NCBC also examined the claim for inclusion of Jats in the Central List for the State of Delhi, and tendered its advice rejecting their claim on 25.11.2010.
       The Union Cabinet decided to include the Jat Community in the Central List of Backward Classes for the States of Bihar, Gujarat, Haryana, Himachal Pradesh and NCT of Delhi, Bharatpur and Dholpur districts of Rajasthan, Uttar Pradesh and Uttarakhand. Thereafter, the impugned notification came to be issued on 04.03.2014.
       Finding of the Court:
       Notification No. 63 dated 4.3.2014 including the Jats in the Central List of Other Backward Classes for the States of Bihar, Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, NCT of Delhi, Bharatpur and Dholpur Districts of Rajasthan, Uttar Pradesh and Uttarakhand set aside and quashed.
       Result: Writ petitions allowed.

JUDGMENT

RANJAN GOGOI, J.

1. The challenge in the present group of writ petitions is to a Notification published in the Gazette of India dated 04.03.2014 by which the Jat Community has been included in the Central List of Backward Classes for the States of Bihar, Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, NCT of Delhi, Bharatpur and Dholpur districts of Rajasthan, Uttar Pradesh and Uttarakhand. The said Notification was issued pursuant to the decision taken by the Union Cabinet on 02.03.2014 to reject the advice tendered by the National Commission for Backward Classes (NCBC) to the contrary on the ground that the said advice “did not adequately take into account the ground realities”.

RESUME OF THE CORE FACTS :

2. Pursuant to several requests received from individuals, organisations and associations for inclusion of Jats in the Central List of Backward Classes for the States of Haryana, Rajasthan, Madhya Pradesh and Uttar Pradesh, the National Commission for Backward Classes (NCBC) studied their claims and submitted a report on 28.11.1997. It recommended inclusion in the Central List only of the Jats of Rajasthan, except the Bharatpur and Dhaulpur districts.

3. The NCBC also examined the claim for inclusion of Jats in the Central List for the State of Delhi, and tendered its advice rejecting their claim on 25.11.2010.

4. The significant developments that took place after submission of the aforesaid two reports may be relevant to be taken note of at this stage.

On 03.05.2011 the National Commission for Backward Classes (Power to Review Advice) Rules, 2011 was notified by the Ministry of Social Justice and Empowerment. By virtue of the aforesaid Rules, the NCBC was empowered to review its advice tendered to the Central Government under Section 9(1) of the Act. Rule 4 of the Rules provides that the “provision of Section 114 and Order 47 of the Code of Civil Procedure, 1908 shall mutatis mutandis apply to a review undertaken by the Commission.”

5. In a meeting of the NCBC held on 20.06.2011, a large number of representations received from the Jat Community for review of the earlier advice of the NCBC was taken up for consideration. It was decided that consideration of all such representations be deferred till finalisation of the Socio-economic Caste Census (SCC) 2011 which was being conducted by the Registrar General of India all over the country for enumerating castewise population of the country. However, in a meeting held on 19.07.2011 the NCBC decided to approach the Indian Council of Social Science Research (ICSSR) to conduct a full-fledged survey in the States of Uttar Pradesh, Haryana, Madhya Pradesh, Rajasthan, Himachal Pradesh and Gujarat to ascertain the socio-economic status of the Jat Community. The said decision was prompted by the necessity to have adequate quantifiable data to enable the NCBC to consider the request of the Jat Community for inclusion in the Central List of Other Backward Classes in the concerned States.

6. What happened to the survey entrusted to the ICSSR would not be very relevant except that in October 2012 the NCBC decided to reduce the comprehensive survey to a 2% sample survey which work, once again, was entrusted to the ICSSR.

7. It appears that in the midst of the aforesaid exercise the office of the Prime Minister addressed a communication dated 04.06.2013 to the Ministry of Social Justice and Empowerment to the effect that a decision has been taken to constitute a Group of Ministers chaired by the Finance Minister and comprising, inter alia, of the Home Minister for the following purpose:-

(i) To interact with the representatives of the Jat Community with regard to their demand for inclusion and to keep them apprised of the progress in the matter.

(ii) To monitor the expeditious completion of the survey undertaken by the NCBC through the ICSSR and to facilitate an early decis

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2015 Supreme(SC) 217

Cases Referred (7)