No Special Case Made Out For Breaching Ceiling Limit of 50%: Chhattisgarh High Court Strikes Down Caste-Based Reservation In Education & Jobs
Case: Guru Ghasidas Sahitya Avam Sanskriti Academy v. State of Chhattisgarh & Anr and other connected matters
Coram: Justice A.K. Goswami and Justice P.P. Sahu
Case No.: WPC No. 591 of 2012
Court Observation: “We are of the opinion that no special case is made out for breaching the reservation ceiling limit of 50% while increasing the reservation to 58%. Inadequacy of representation in services under the State or inadequacy of representation in educational institutions is relevant to the extent reservation is sought to be pegged below 50% but if the ceiling is to be crossed, then inadequacy in representation cannot be the sole determining factor and there has to be exceptional circumstances.”
“The fundamental rights guaranteed by the said two provisions do not affect the validity of the special provision which it is permissible to make under Article. 15(4).”
“Special provisions contemplated by Article 15(4), 15(5) or 16(4) must be within reasonable limits,”
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Keywords
Caste-Based Reservation
