Another plea filed in HC against govt reservation for EWS

The Gujarat High Court today issued notice to the state government over a yet another petition challenging an ordinance providing ten per cent reservation in government jobs and educational institutions to members of economically weaker sections (EWS).
Dulari Basarge, an aspirant seeking admission to a medical college, filed the petition through her lawyer V D Nanavati, challenging the ordinance stating that it is "arbitrary and breach of the fundamental structure of the Constitution of India" as it violates Articles 14 and 15 of the Constitution.
A division bench of Chief Justice R Subhash Reddy and Justice V M Pancholi kept the matter for hearing on June 22 by tagging it along with the other petition that was filed by one Jayantbhai Manani on May 31.

Manani's petition also challenged the ordinance on the ground that it was "contrary to fundamental rights under Articles 14, 15 and 16 of the Constitution".
In the second petition, the petitioner challenged it as she thought that added reservation of ten per cent reduces her chance to get admission in medical colleges.
"The petitioner submits that provisions for excluding the rest of the society for seeking admission by limiting the opportunity to 41 per cent of the seats is arbitrary and violative of Articles 14 and 15 of the Constitution of India," the petitioner stated.

Article 14 of the Constitution governs the state policy and action for employment and education within the state while Article 15(1) prohibits discrimination on the ground of race and caste.

Article 16 prescribes equality of opportunity for all matters relating to employment or appointment to any office under the state.
"The rest of the community of students have to compete
for admission to the professional courses on merit as against providing assured seats on the basis of separate merit list of the reserved category of students," the petitioner stated.
"The state is not justified in denying the students for being considered on the basis of merit only because of his parents' income is more than Rs 6 lakh. There is no rational criteria or object to be achieved by dividing students on the basis of parents' income while providing admission to the educational institutions," she said.

On May 1, the state government had issued an ordinance providing 10 per cent reservation to persons from unreserved category from economically weaker sections of the society other than SC, ST and SEBC for admissions in educational institutions and government jobs.
The reservation is applicable to persons with annual family income cap of Rs 6 lakh.