Rajasthan High Court
Hukum Singh Kashyap S/O Puran Sing ... vs State Of Rajasthan on 19 July, 2021
Bench: Indrajit Mahanty, Satish Kumar Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition (PIL) No. 6952/2019
1. Hukum Singh Kashyap S/o Puran Sing Kashyap, Aged
About 52 Years, R/o Katra, Hindaun, Karuali, Rajasthan.
2. Ram Gopal Kashyap S/o Shri Ram Kishan Kashyap, Aged
About 58 Years, R/o 65, Jagannath Puri, Kali Ka Khana,
Sanaganer, Jaipur.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Personnel, Govt. Of Rajasthan,
Secretariat, Jaipur.
2. Rajasthan State Backward Class Commission, A-46, Shani
Path, Tilak Nagar, Jaipur Through Its Chairman.
----Respondents
Connected With
D.B. Civil Writ Petition (PIL) No. 12644/2018
Rajasthan Rawat-Rajput Mahasabha Through Its President
Chhatar Singh Chauhan, Registered Office At Rawat Rajput
Chhatrawas, Sendara Road, Beawar, Ajmer, Head Office At F.e.-
16, Sunder Nagar, Hirapura, Ajmer Road, Jaipur Raj.
----Petitioner
Versus
1. State Of Rajasthan Through Chief Secretary, Government
Of Rajasthan, Government Secretariat, Rajasthan, Jaipur
2. Additional Chief Secretary, Department Of Social Justice
And Empowerment, Government Of Rajasthan,
Government Secretariat, Rajasthan, Jaipur
3. Principal Secretary, Department Of Personnel,
Government Of Rajasthan, Government Secretariat,
Rajasthan, Jaipur.
4. Rajasthan State Backward Classes Commission Through
Its Principal Secretary, A-46, Shanti Path, Tilak Nagar,
Jaipur
----Respondents
(2 of 4) [CW-6952/2019]
For Petitioner(s) : Mr. Devendra Kumar Chauhan
Mr. Anand Sharma through VC
For Respondent(s) : Mr. M.S. Singhvi, AG with
Mr. Darsh Pareek
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SATISH KUMAR SHARMA
Order
19/07/2021
1. Heard learned counsel for the petitioners as well as Mr. M.S.
Singhvi, learned Advocate General on behalf of the State.
2. The present writ applications has come to be filed seeking
the following reliefs:-
"D.B. Civil Writ Petition (PIL) No.6952/2019;
(i) the impuged order notification dated 13.02.2019
(Annx-1), issued by the respondent No.1 may be
ordered to be quashed and set aside and.
(ii) the report of November 2012, of respondent No.2
(Rajasthan State Backward Class Commission) may be
declared as perverse, unjustified, suffers from
incomplete quantifiable datas to made comparative
study of the other backward class category persons to
categories the Special Backward Class and may be held
as bad in law, as such recommendations made therein
may not be allowed to be acted upon for granting
reservation to the persons of SBC category under the
Act of 2017 and;
(iii) the respondents may be directed to consider the
persons belonging to castes Dhiwar, Kahar, Bhoi,
Sagarwansi Mali, Keer, Kewat, Batham, Mehra, Mallah
(Nisad), Kasyap, Manjhi, Machuara, Turaha etc
commonly known to the prsons of "Kahar society" in the
State of Rajasthan in the category of Special Backward
Class for grant of reservation under the Act of 2017,
who are already notified as other backward class in the
list of OBC at S.No.14, enclosed as Annx-2 and;
(iv) Issue any other writ, order or direction, which this
Hon'ble Court deems fit and proper, may kindly be
passed in favour of the petitioner.
D.B. Civil Writ Petition (PIL) No.12644/2018;
(i) By issuing an appropriate writ, order or direction,
Schedule appended to the Rajasthan Backward Classes
(Reservation of Seats in Educational Institutions in the
State and of Appointments and Posts in Services under
the State) Act, 2017, which is confined only to 5
casts/communities, may kindly be held to be in violation
(3 of 4) [CW-6952/2019]
of/ultra vires Article 14, 15(4), 16(4), 29(2) and 38 of
the Constitution of India and being discriminatory, same
may kindly be struck down.
(ii) By issuing an appropriate writ, order or direction,
the State Govt. may kindly be directed to exercise
powers under Section 7 of the aforesaid Act of 2017, so
as to include Rawat Community in More Backward Class
(MBC) by suitably amending the schedule appended to
the Act of 2017.
(iii) By issuing an appropriate writ, order or direction
recommendation made by Rajasthan State Backward
Classes Commission vide letter dated 16.07.2017 and
report given by High Power Committee led by Hon'ble
Mr. Justice S.K. Garg dated 10.07.2017 may kindly be
held to be discriminatory and irrational as well in
violation of Article 14, 15(4), 16(4) and 29(2) of the
Constitution of India and same may kindly be quashed
and set aside; and
(iv) By issuing an appropriate writ, order or direction
the respondent Government may kindly be restrained
from acting upon & implementing any Notification
providing reservation and any benefit to aforesaid 5
Castes included in the aforesaid Scheduled appended to
the Act of 2017. In case, any such notification has been
issued, same may be taken on record and may kindly
be quashed and set aside.
(v) By issuing an appropriate writ, order or direction,
the respondent Government and Rajasthan State
Backward Classes Commission may kindly be directed to
examine the case of Rawat Community on the basis of
quantifiable and comparative dates with regard to its
social, educational and economical backwardness as
well inadequate representation in the
Government/Public Services and thereafter to make a
favourable recommendation for including the Rawat
Community in More Backward Caste (MBC) or to make a
separate category for granting special reservation and
other benefits for upliftment to committee as well as to
take other measures for eradicating backwardness in
the members of Rawat Community and to bring in the
main stream of the society.
(vi) Any other appropriate order, writ or direction
which this Hon'ble Court deem fit and proper in favour
of the petitioner may also kindly be passed."
3. Learned counsel for the respective parties submits that the
issues raised by them in batch of writ applications have come to
be settled by Hon'ble Supreme Court In Civil Appeal
No.3123/2020 decided on 05.05.2021: Dr. Jaishri
Laxmanrao Patil Vs. The Chief Minister & Ors. along with
(4 of 4) [CW-6952/2019]
other connected Appeals in terms of which, apart from other
findings, the Hon'ble Supreme Court has conclusively declared
that by introduction of Articles 366(26C) and 342 (A) through the
102nd Amendment to the Constitution of India the President alone,
to the exclusion of all other authorities is empowered to identify
SEBCs and include them in a list to be published under Article
342A(1), which shall be deemed to include SEBCs in relation to
each State and Union Territory for the purposes of Constitutions.
Various other directions and findings had arrived at by the
Constitution Bench which are not necessary for us to repeat
herein.
4. Accordingly the writ applications stand disposed of.
5. The parties are at liberty to seek appropriate remedy in
accordance with the judgment of the Hon'ble Supreme Court cited
(supra).
(SATISH KUMAR SHARMA),J (INDRAJIT MAHANTY),CJ
N.Gandhi/Rajat-46-47
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