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2022 Supreme(Chh) 374

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Arup Kumar Goswami, Parth Prateem Sahu, JJ.
Guru Ghasidas Sahitya Avam Sanskriti Academy, through its President : P.R. Gahine S/o. Late Sahas Ram Gahine - Petitioners
Versus
State of Chhattisgarh - Respondents
WPC No. 591 of 2012, WPC/592/2012, WPC/593/2012, WPC/594/2012, WPC/652/2012, WPC/653/2012, WPC/936/2012, WPC/2072/2014, WPS/4240/2014, WPS/5578/2012, WPC/1067/2012, WPC/1093/2012, WPC/1121/2012, WPC/1372/2012, WPS/5290/2021, WPS/7100/2021, WPS/4049/2018, WPS/6083/2018, WPC/4665/2019, WPS/2091/2018
Decided On : 19-09-2022

Advocates Appeared:
For the Petitioner:Mr. Brijendra Singh and Mr. Shyam Sunder Lal Tekchandani, Advocates.
For the Respondents:Mr. S.C. Verma, Advocate General alongwith Mr. Vikram Sharma and Mr. Gagan Tiwari, Deputy Government Advocates.
For Intervenors :Dr. K.S. Chauhan, Senior Advocate assisted by Mr. Ajit Kumar Ekka, Mr. Ravi Prakash, Mr. Ashish Kumar Beck, Mr. Lekh Ram Dhruw and Mr. R.V. Rajwade, Mr. Anchal Kumar Matre, Advocates.

Headnote:(A) Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichere Wargo Ke Liye Aarakshan) Adhiniyam, 1994 - Sections 4(2)(i) and the Chhattisgarh Educational Institutions (Reservation in Admission) Act, 2012 - Amendments challenged as unconstitutional - Court held that the amendment reducing SC reservation to 12% and increasing ST reservation to 32% without justifiable cause exceeded 50% ceiling rule. (Paras 1, 85, 89)

(B) Constitutional validity - Reservation must not exceed 50% unless extraordinary circumstances are established - State failed to provide adequate justification for breaching this ceiling and did not substantiate claims of inadequacy of representation legitimately. (Paras 50, 79, 84)

Facts of the case:
The petitioners filed petitions challenging amendments made to reservation laws impacting public services and educational admissions, alleging the amendments breached constitutional protections against excessive reservation. (Paras 3, 17)

Findings of Court:
Amendments deemed unconstitutional for breaching the 50% limit; maintaining administrative balance is essential in reservation policies, and public interest considerations must guide state action. (Paras 85, 90)

Issues: Whether the percentages set in the amendments are justifiable without extraordinary circumstances and whether such amendments violated constitutional principles on reservation. (Paras 82-84)

Ratio Decidendi: The constitutional provisions on reservation stipulate that any provision exceeding a 50% cap must be supported by sufficient and compelling justifications; mere claims of underrepresentation are insufficient. (Paras 50, 84)

Result: Amendments declared unconstitutional, petitions allowed in part.

JUDGMENT :

Arup Kumar Goswami, J.

1. In this batch of writ petitions, primarily, the pleadings in WPC No. 591/2012 and WPC No. 1067/2012 are relied upon by the learned counsel for the parties and therefore, while disposing of these petitions, essentially, reference would be made to the pleadings in the aforesaid writ petitions. Of course, whenever necessary, reference to the pleadings made in other writ petitions would be made as well.

2. At the very outset, nevertheless, a brief reference to the writ petitions as well as prayers made therein would be in order.

3. WPC No. 591/2012 is filed by a registered society espousing the cause of the Scheduled Caste (SC) community. In the writ petition, following prayers are made:

    “1. Quash amendment No. 368/D.19/21-A/PRA/CHH.G./12, dated 18.01.2012 whereby Section 4(2)(i) of Chhattisgarh Public Service (Reservation for Scheduled Caste, Scheduled Tribe & Other Backward Classes) Act, 1994 has been amended (Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichere Wargo Ke Liye Aarakshan) Adhiniyam, 1994) and declare the same as unconstitutional and ultra vires.

    Or

    2. Issue an appropriate writ and declare the Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichere Wargon Ke Liye Aarakshan) Sanshodhan Adhiniyam, 2011 (Act of 2011) as ultra vires and unconstitutional.

    3. Any other relief(s) which may deem fit, looking to the facts and circumstances of the case, may be given by this Hon’ble Court.”

4. We will revert back to the pleadings in WPC No. 591/2012 in detail after we briefly take note of the salient facts in each of the other writ petitions.

5. In WPC No. 592/2012, the petitioners belong to SC community and they are social activists. Identical prayers, as made in WPC No. 591/2012, are made. The return filed by the State relies on the return filed in WPC No. 591/2012.

6. In WPC No. 593/2012, the petitioner is a registered society working for upliftment of the SC community. In this petition, the notification dated 18.01.2012, as elaborated in the prayer of WPC No.591/2012, is challenged. The return filed by the State in this case relies on the return filed in WPC No. 591/2012.

7. In WPC No. 594/2012, the petitioners belong to SC community. While petitioner Nos. 1 and 2 are social activists, petitioners No. 3 and 4 are aspiring for recruitment to the services of the State. In WPC No. 652/2012, the petitioners belong to to SC community. Petitioner No. 1 is aged about 45 years and petitioner No. 2 aged about 73 years. In WPC No. 653/2012, the petitioner belongs to SC category. In WPC No. 936/2012, the petitioner belongs to SC community. In WPC No. 2072/2014, the petitioners belong to the unreserved category. In these petitions, prayers, as made in WPC No. 593/2012, are made. The return filed by the State in in WPC No. 591/2012 are relied on in WPC No. 594/2012, WPC No. 652/2012, WPC No. 653/2012 and WPC No. 936/2012. Though an independent return has been filed in WPC No. 2072/2014, in this return, essentially, the averments made in the return and the additional returns filed by the State in WPC No. 591/2012 are incorporated.

8. In WPS No. 4240/2014, petitioner is Chhattisgarh Anusuchit Jati/Janjati Chhatra Sangathan (Student Union). Prayer is made to quash advertisement issued in the month of July, 2014 by the Commissioner, Tribal and Scheduled Caste Welfare, Raipur, for the recruitment to 800 posts of Hostel Superintendent, Group-D. By the aforesaid advertisement, 96 posts for SCs, 256 posts for Scheduled Tribes (ST) and and 112 posts for Other Backward Classes (OBC) were reserved. Similar return as filed in WPC No. 591/2012 is filed in this case.

9. In WPS No. 5578/2012, the three petitioners are graduates from commerce stream and they had also obtained MBA degree. They had been appointed on contractual basis in the post of Assistant Manager vide

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