Petitioners challenging Gujarat government's ordinance granting 10 per cent reservation to economically weaker sections (EWS) for unreserved category today told the High Court that such income-based quota is against the spirit of Constitution as it would divide the society.
In their reply submitted before a division bench of Chief Justice R Subhash Reddy and Justice V M Pancholi, the petitioners refused to accept the government's claim that ten per cent EWS quota is just a classification and not a reservation.
In the reply, the petitioners said that the ordinance would lead to classification among socially and educationally advanced classes.
"The classification has divided the socially and educationally advanced classes into two classes on the basis of income criterion, which is against the spirit of the Constitution," it said.
It further said that the government has not applied its mind in devising the ordinance and making it applicable in technical faculty, such as engineering, as a large number of seats remain vacant every year in Gujarat.
"The question of providing reservation does not arise if there are lesser number of candidates than the seats available. The reservation is needed when there are competing claims and lesser number of seats available," it said.
It is further submitted that "granting benefit of reservation on the basis of income, merit is sacrificed at the cost of public interest. It overlooks the interest and rights conferred by the Constitution under Articles 14,15 and 16" stated the reply.
Challenging the government's claim that 10 per cent EWS quota is just a classification and not reservation, the petitioners said that "it is erroneous to suggest that there is no reservation...It is a reservation for them as indicated in the ordinance".
The petitioners also challenged the government's claim
that weaker sections of the society have submitted that they are subjected to discrimination in comparison with the higher strata of people who are economically sound.
As per the petitioners, no other community, except Patels, had demanded such reservation system based on income.
"There is a continuous agitation on behalf of Patidar community seeking reservation. (Except them) no other group has made any application to the state government or representation for seeking the benefit as alleged".
The state government yesterday filed an affidavit in the high court stating that the ordinance providing 10 per cent reservation EWS does not violate provisions of the Constitution nor does it go against the Supreme Court orders.
The government affidavit said that the reservation was necessitated because youths from economically weaker families of unreserved category were disappointed for not being provided enough opportunity.
Four different petitions have been filed in the high court opposing the government's decision of bringing ordinance.
