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212. The operation hereof is stayed for a period of one year from today during which period the interim stay granted by the Hon'ble High Court shall continue to govern all concerned. Both these Transfer Applications are allowed in the above terms with no order as to costs."

6 The State, being aggrieved and affected by the judgment and order has filed Writ Petition No. 2797/2015. Another Writ Petition No.3009/2015 is filed by Vimukta Jatis, Nomadic Tribes And dgm 23 wp-2797-15 judgment-25-7-16.sxw Special Backward Class Employees And Officers Association being the party to the impugned judgment. Writ Petition No.3287/2004 is filed by Best Officers Association, opposing the reservation policy, will be considered on it's fact based merits separately. In W.P/1590/2015, the Petitioners support the reservation policy.

Maharashtra Scheduled List of SC & ST, OBC, SBC, DT AND NT 17 The lists of Scheduled Castes and Scheduled Tribes, Other Backward Classes, Special Backward Category, De-notified Tribes and Nomadic Tribes in Maharashtra, published and have been modified from time to time. Similar are the lists under the Constitution (Scheduled Castes) Order 1950 and the Constitution (Scheduled Tribes) Order 1950 (as amended from time to time). This includes even the Central List of Other Backward Classes referring to the Judgments of the Supreme Court relating to the reservation of 27% vacancies in civil posts and services, under the Government of India.

(B) The reservation in promotions will be as follows:

             (1)     Scheduled Castes             -      13%




     dgm                               44   wp-2797-15 judgment-25-7-16.sxw

             (2)     Scheduled Tribes                -       07%

             (3)     De-Notified Tribes (A) -                3%




                                                                                           
             (4)     Nomadic Tribes (B)              -       2.5%




                                                                   
             (5)     Nomadic Tribes (C )             -       3.5%

             (6)     Nomadic Tribes (D)              -       2%




                                                                  
             (7)     Special Backward Classes                2%

                        -----------




                                                    
                                                  Total:         33%
                                   
                                  
             (C )             The principle of reservation shall be applicable 

67 The percentage of reservation in VJNT was increased to 6% in the year 1992, as per the report of Wadhawa Commission. It was decided to increase 2% only thereby, the total reservation was increased from 33% to 36%. This percentage was again reviewed in view of decision of Indra Sawhney (Supra) (Mandal Commission).

The State, in view of the Judgment has accepted 27% reservation for OBC on the basis of 1931 Census. This basis of Census was considered and permitted even by the Supreme Court in Indra Sawhney (Supra). It seems that the last such Caste Census has been the basis for fixing the reservation and/or providing reservation to the Sections of the backward classes as recorded above, throughout the dgm 92 wp-2797-15 judgment-25-7-16.sxw India and followed by the respective States also. After 1991 general Census, the review of percentage of reservation, without crossing 50% ceiling limit, has been followed and accordingly the percentage of reservation was fixed at 49.5% (SC 13, ST 7, VJ 3, NTB 3 NTC and NTD 4 and OBC 19.5=49.5%). The percentage of VJNT was revised to 11% from 6% in the year 1994 and accordingly fixed 50% as follows. SC 13%, ST 7%, DTVJ 3%, NTB 2.5%, NTC 3.5%, NTD 2%, OBC 19% Total 50%. ig The category of Special Backward Class/SBC was prepared in the year 1995 and based upon their estimated population added 2%, thereby, total percentage of reservation increased from 50 to 52%.