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28. Before entering into this important question, this Court deems it appropriate to sail through the legislative history with respect to the reservation given to More Backward Classes.

29. The State of Rajasthan enacted an Act called, "the Rajasthan Schedule Castes, Scheduled Tribes, Backward Classes, Special Backward Classes and Economically Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) Act, 2008 (hereinafter referred to as 'the Act of 2008'). Said Act was enacted with a view to provide for reservation of seats in educational institutions and appointments and posts in the services under the State in favour of the Scheduled Castes, Scheduled Tribes, Backward Classes, Special Backward Classes and Economically Backward Classes.

32. The expression "Special Backward Class" was defined in clause (h) of Section 2 of the Act of 2008, which reads thus:-

"Special Backward Class means classes declared as such by the State Government, by notification in the official gazette."

33. Section 3 of the Act of 2008 provided reservation of seats in educational institutions in State, as under:- 

            (i)       Scheduled Castes                            :   16%
            (ii)      Scheduled Tribes                            :   12%
            (iii)     Backward Classes                            :   21%
            (iv)      Special Backward Classes                    :    5%
            (v)       Economically Backward Classes               :   14%

36. It will not be out of place to reproduce relevant expressions duly defined in Section 2 of the Act of 2017:-

"(a) 'backward classes' means the backward classes as defined in the Rajasthan Scheduled Castes, Scheduled Tribes and Backward Classes, Special Backward Classes and Economically Backward Classes (Reservation of Seats in Educational Institution in the State and of Appointments and Posts in Services under the State) Act, 2008.

38. The Act of 2017 provided that reservation to more backward classes shall be such percent of the annual permitted strength as may be notified by the State Government, subject however to the condition that such notification shall be laid, as soon as may be, after it is issued, before the House of the State.

39. It is to be noted that the Act of 2017 used expression "more backward classes", synonymous to "special backward class" as used in the Act of 2008.

40. It is noteworthy that initially 1% reservation to special backward classes was given by way of notification dated 21.12.2017. However considering the same to be insufficient, an amendment was introduced in the Act of 2017 by way of Rajasthan (12 of 17) [CW-12444/2019] Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) (Amendment) Act, 2019 (hereinafter referred to as 'the Amendment Act of 2019'), which received assent of the Governor on 13.02.2019 and came into effect at once. Section 2 of the Amendment Act of 2019 amended Section 3 of the Act of 2017 in the manner that reservation to more backward classes has been provided as 5% straightway instead of providing the same by way of notification. It will not be out of place to reproduce Section 2 of the Amendment Act of 2018, which reads thus:-