R. Subhash Reddy, J.

1. In this group of petitions, filed under Article 226 of the Constitution of India, challenge is to the Gujarat Ordinance No. 1 of 2016, which provides for the reservation of seats in the educational institutions in the State and of appointments and posts in the services under the State in favour of the Economically Weaker Sections of unreserved categories.

2. As common issue is involved in this batch of petitions, we have heard all the petitions together and dispose of the same by this common judgment. For the disposal of this group of petitions, we have taken up Special Civil Application No. 8804 of 2016 as lead matter and referred to the facts contained in the said petition.

3. Special Civil Application No. 8804 of 2016 is filed by two petitioners through their guardians who have completed 10 + 2 course, aspiring to get admission in the medical stream for the prayers which read as under:-

"(A) Your Lordships may be pleased to admit and allow the present petition;

(B) Your Lordships may be pleased to issue a writ of mandamus or any other writ in the nature of mandamus, order or direction in the nature of mandamus declaring the provisions of Ordinance 1 of 2016 ultra vires the Constitution of India and invalid in law and may be pleased to restrain the respondents from enforcing the provisions of Ordinance 1 of 2016 forthwith.

(C) Pending the admission and final hearing of the present petition, Your Lordships may be pleased to stay operation of Ordinance 1 of 2016 forthwith and restrain the respondents from enforcing the provisions of Ordinance of 1 of 2016.

(D) Pending the admission and final hearing of the present petition, Your Lordships may be pleased to restrain the respondent Nos. 4 and 5 not to enforce the reservation policy of providing 10% reservation for economically weaker section of the society.

(E) Any other and further reliefs as deemed fit in the interest of justice may kindly be granted."

4. Before we refer to various clauses of the impugned Ordinance, which provides for the reservation of seats in educational institutions in the State and of appointments and posts in the services under the State in favour of the Economically Weaker Sections of unreserved categories, we deem it appropriate to refer to certain background facts which led to issuance of the impugned Ordinance.

4.1 There was a long-standing demand from Patidar and other communities for providing reservation in the government jobs and higher education. There was also agitation/movement as these demands were not considered for reservation. To consider such representations demanding reservation in higher education from social groups and communities, the government constituted a High Power Committee of Hon'ble Ministers headed by Shri Nitin Patel as Chair-Person. The High Power Committee prepared its report dated 25.4.2016, which is placed on record. A perusal of the Committee's report indicates that the Committee has considered representations numbering about 225 from Patidars and other communities, castes and organizations. There was also a representation from a Trust, named Sardar Patel Seva Trust received by the High Power Committee after it was constituted. The High Power Committee also received other representations relating to reservations, the demands in such representations were as under:

(a) In Gujarat, different groups involved in the agriculture and animal husbandry, namely, Anjana Chaudhary, Koli Patidar and Patidars from South Gujarat were incorporated as ST category and are availing all benefits of reservations, whereas Kadva-Leua Patidar and Kachchhi Patidar communities do not get the benefit of reservations. It is their case that though they are also involved in the agricultural activities, they should also be included in the other backward classes.

(b) Patidars who have ceased to be a khatedar should be incorporated in Special Backward Class (SBC), claiming 5% reservations.

(c) The posts/seats meant for open categor