IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 274 OF 2014
RAM SINGH & ORS. ...PETITIONER (S)
VERSUS
UNION OF INDIA ...RESPONDENT (S)
pg 48 of SC order
Rajasthan
41. The NCBC in its report dated 28.11.1997 had
recommended the inclusion of Jats (excluding Dholpur and
Bharatpur districts) in the Central List of other backward
47
classes. On the basis of the recommendation of the NCBC, the
Government of India had issued a Notification dated
27.10.1999 to the above effect. Following the said Notification,
the State Government had also issued a Notification including
Jats in the State List of other backward classes (excluding the
two districts). Thereafter, the State Commission recommended
for the removal of the area restriction of the Jats in the two
districts which was also accepted by the Government of
Rajasthan and a Notification dated 10.01.2000 was issued. It
appears that in the course of survey undertaken by ICSSR, the
report of the State Commission for OBCs was not made
available. In the absence of the said Report, a study
sponsored by the State Government and conducted by the
Institute of Development Studies, Jaipur, was considered. On
the basis of the findings recorded by the ICSSR in its report,
(earlier extracted), the Jats were found to be better off in
regard to ownership of land though in respect of literacy rate
and representation in Government service they were found to
be marginally lower than Ahirs, Vishnois and Charans but
better than rest of the OBCs. In the aforesaid backdrop the
NCBC came to the conclusion that on the basis of the
48
materials available as well as what had been revealed in the
course of the the public hearings conducted on 10.02.2014
and 13.02.2014 “the preponderance of evidence adduced by
those speaking against the motion was much more than
those speaking for.” Under these circumstances the NCBC
did not find any reason to interfere with its earlier order issued
on the subject.
( page 64 of SC order dated 17/3/2015 )
Accordingly the
aforesaid notification bearing No. 63 dated 4.3.2014 including
the Jats in the Central List of Other Backward Classes for the
States of Bihar, Gujarat, Haryana, Himachal Pradesh, Madhya
Pradesh, NCT of Delhi, Bharatpur and Dholpur Districts of
Rajasthan, Uttar Pradesh and Uttarakhand is set aside and
quashed. The writ petitions are accordingly allowed.