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R E P O R T A B L E :

By this bunch of writ petitions, a challenge is made to the Notification dated 16 th October, 2015 issued by the State Government and Rajasthan Special Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) Act, 2015 (for short "the Act of 2015").
In the case of Shrawan Singh Tanwar in DB Civil Writ Petition No.1511/2016, a further challenge is made to the report submitted by the Other Backward Classes Commission (for short "the OBC Commission") recommending five castes for Special Backward Classes with 5 per cent reservation. Five castes have been thereby shifted from the CWP - 1645/2016 ALONG WITH OTHER PETITIONS category of Backward Classes to Special Backward Classes.
It is stated that prior to filing of the present CWP - 1645/2016 ALONG WITH OTHER PETITIONS writ petition, the petitioner had preferred Public Interest Litigation (DB Civil Writ Petition No.13491/2009). It was to challenge the Rajasthan Scheduled 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 (for short "the Act of 2008"). The said writ petition was decided vide order dated 22nd February, 2012. The State Government was directed to revisit Sections 3 & 4 of the Act of 2008 as well as the Notification. The Division Bench found that quantifiable data have not been collected to provide reservation beyond 50 per cent. The Court observed that when five castes were falling in the category of other backward classes then why category of Special Backward Classes has been created to provide 5 per cent reservation exceeding 50 per cent. Several other observations were made in the aforesaid judgment.
The Commission failed to get quantifiable data to recommend special reservation to backward classes by forming a special group for them. It is not that reservation to the five castes, included in the category of special backward classes, was not provided earlier. All the five castes were getting reservation meant for OBC, yet taken in the category CWP - 1645/2016 ALONG WITH OTHER PETITIONS of special backward classes. The Commission was required to address as to what are the extra ordinary reasons to provide a separate and special category of reservation and to cross the ceiling of 50 percent for them. The issues aforesaid have not been addressed by the Commission.

The State Legislature, thereupon, issued a Notification dated 16th October, 2015. It was to bring Rajasthan Special Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) Act, 2015.

The present three writ petitions have been filed to challenge the said Notification and the Act of 2015 apart from the report of SBC Commission in one writ petition and the report of Justice Jasraj Chopra Committee.