M A I N   N E W S

SC declines stay on Jat reservation

New Delhi, April 9
The Supreme Court on Wednesday rejected a plea to stay the Centre's poll-eve notification to include the Jat community in the OBC list for providing the benefits of reservation, saying there was, prima facie, material for taking the decision.

"On going through the document, we are prima facie satisfied that it cannot be contended there is no material for taking the decision (to include Jats in OBC list)," a Bench headed by Chief Justice P Sathasivam said.

"Before expressing any opinion, for further consideration, we direct the Centre to file a counter-affidavit in three weeks," the Bench, which comprised justices Ranjan Gogoi and NV Ramana, said. After posting the matter for next hearing on May 1, the Bench said, "We are rejecting the request for stay."

Senior advocate KK Venugopal, appearing for the OBC Reservation Raksha Samiti -- an organisation of members of communities included in the Central List of Backward Classes -- alleged that the March 4 notification was issued a day before the model code of conduct (MCC) came into force by the party in power to garner votes.

However, the Bench said it cannot come in the way of the government taking a decision a day before the code came into force. "Government is a government. We can't say you can't do this. Till one day before (the MCC), they can take a decision," the Bench said.

Pursuant to the court's April 1 order, the Centre today placed before the Bench all materials/documents and files, including the decision of the Union Cabinet, on the issue of considering the inclusion of Jats in the OBC list.

The Bench asked senior advocate K Parasaran, appearing for the Centre, that all the materials placed before it should be filed in the form of counter-affidavit.

"We want to know the basis of this order (for including Jats in OBC list)," the Bench said. Parasaran submitted that the reasons were there in the records. On April 1, the apex court had asked the Centre why it allegedly ignored the advice of the National Commission for Backward Classes (NCBC) to keep the Jat community away from reservation benefits. The court had also said that "the matter is serious" and had directed the Ministry of Social Justice and Empowerment to place before it all the material, records and files pertaining to the decision, to see "whether there was application of mind or not" while issuing the March 4 notification. The notification included the Jat community in the OBC list in Bihar, Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, Delhi, Rajasthan (two districts of Bharatpur and Dholpur), Uttar Pradesh, and Uttarakhand. The OBC Reservation Raksha Samiti, in its plea, contended that as a result of the notification, Jats would be like a "creamy layer" in the OBC list and will take away the seats and posts in schools, colleges and government jobs from other community. — PTI

Eye on votes: Petitioner

• The March 4 notification put the Jat community on the OBC list in Bihar, Gujarat, Haryana, Himachal, Madhya Pradesh, Delhi, two districts of Rajasthan, UP, and Uttarakhand
• The OBC Reservation Raksha Samiti alleged the party in power took the decision a day before the poll code came into force to garner votes
• It said the socially forward caste would consume a substantive portion of the quota, depriving others in the category of benefits.