The Gujarat High Court has admitted for further hearing a PIL challenging the rule which restricts benefit of OBC reservation to only those who are living in the state since April 1, 1978, and not to those who started living in the state later.
Justice A J Desai will hear the case on August 4.
Liyaqat Shah, who came to Gujarat from Uttar Pradesh in 1982, has filed the petition, saying that the Government's resolution of 1994 in this regard is unconstitutional.
The Constitution, while providing reservation on socio-economic criteria, does not talk about any cut-off date, he contended
Shah came to know about the cut-off date while seeking OBC certificate from the local administration for the purpose of his son's admission to a government engineering college.
He belongs to Muslim Fakir caste which is listed as OBC both in Gujarat and Uttar Pradesh.
The petition also said that as the state Government is still relying on list of OBC communities as per a 1978 Commission report, a new OBC Commission be formed to conduct a fresh survey and update the list, as directed by the Supreme Court in the 1992 Indra Sawhney case.
