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2010 Supreme(Raj) 1040

ARUN MISHRA, MAHESH BHAGWATI
Captin Gurvinder Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
S.P. Sharma, Shobhit Tiwari & Sandeep Singh, for Petitioners;
P.P. Rao, Senior Counsel, G.S. Bapna, Advocate General, V. Garg, Sarvesh Jain, Praveen Poswal for V.S. Gurjar & R.R. Baisla, for Respondents

Hon'ble MISHRA, CJ.—These writ petitions have been filed by the petitioners assailing the vires of Rajasthan Scheduled Castes, Scheduled Tribes, Backward Classes, Special Backward Classes and Economically Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) Act, 2008 (hereinafter referred to as “the Act of 2008”). Prayer has also been made to direct the State Government to review the ceiling limit of reservation in favour of SC, ST and OBC of 16%, 12% and 21% respectively.

2. Facts are being noticed from Civil Writ Petition No.13491/2009 wherein the petitioner no.4-Samta Andolan, which is a registered society, has submitted that constitutional intent is to reduce the reservation. It is submitted that the foremost requirement for reservation is to collect quantifiable data in overall State relating to the population as well as relating to economical standard of the caste in general and people in that caste in particular. After having collected such datas and further making a comparative statement with respect to other castes in the State only for the purposes of providing upliftment of particular cl





























































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