Ahmedabad: The Gujarat High Court 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.
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.
“Provisions for additional reservation of 10 per cent of seats for unreserved category of economically weaker section of the society has become arbitrary, unjust in view of the quantum of reservation exceeding 50 per cent,” she said.