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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 274 OF 2014
RAM SINGH & ORS.
...PETITIONER (S)
VERSUS
UNION OF INDIA
...RESPONDENT (S)
WITH
W.P. (C) No. 261 of 2014,
W.P. (C) No.278 of 2014,
W.P. (C) No.297 of 2014,
W.P. (C) No.298 of 2014,
W.P. (C) No.305 of 2014,
W.P. (C) No. 357 of 2014
&
W.P. (C) No.955 of 2014
JUDGMENT
RANJAN GOGOI, J.
1.
in the Central List for the State of Delhi, and tendered its
advice rejecting their claim on 25.11.2010.
4.
deferred
till
finalisation
of
the
to
the
Ministry
of
Social
Justice
and
Community
with
regard
to
their
demand
for
The
Group
of
Ministers
in
its
meetings
held
on
books/literature/representations.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
03.11.1999
10.03.2000
31.05.2000
06.11.2000
24.01.2002
16.11.2002
22.03.2010
24.01.2013
Gujarat
State of Rajasthan
State of Uttar Pradesh
NCT of Delhi
State of Bihar
State of Madhya Pradesh
State of Himachal Pradesh
State of Uttarakhand
State of Haryana-As
Special OBC
Not included
backward
classes
of
citizens
or
for
the
10
Article 38 of the
11
the
necessity
permanent/specialised
body
of
establishment
of
to
which
complaints
of
12
(for
short
the
Act)
contain
provisions
for
the
13
(c)
(d)
14
(2)
15
legal
resultantly
Government.
malice
vitiating
to
the
the
decision
decision
taken
making
by
the
process
Union
16
17
in the file.
&
Ors.4
and
Gazi
Saduddin
Vs.
State
of
is
wholly
by
any
adequate,
18
Attorney
General,
would
not
be
very
material
19
Such a course,
20
There
21
22
Akhil
Bharatvarshiya
Jat
Mahasabha,
Jat
Aarakshan
Sangharsh Samiti and the Jat Sabha Zila, Meerut. The limited
scope of judicial review that will be available to this Court to
scrutinise the decision taken by the Union Government has
been particularly urged by Shri Mohan Parasaran, learned
senior counsel appearing for the Akhil Bharatvarshiya Jat
Mahasabha. In so far as Jat Sabha Zila, Meerut is concerned,
Shri Jayant Bhushan, learned senior counsel has further
urged that the test for determining social, educational and
economic backwardness laid down in Indra Sawhney case
(supra) are fully satisfied by the Jat Community so as to make
its members eligible for inclusion in the Central lists of OBCs.
26. What weight-age the advice/recommendation tendered by
the NCBC should receive in the decision making by the Union
Government is a crucial determination that this Court is
required to make in the present case. The observations in
Indra
Sawhney
(extracted
above)
and
the
expressed
23
24
ICSSR.
The
of
the
Bihar
State
Backward
Classes
25
any
absolute
indicators
on
educatioria1
status,
26
percentage
points
lower
than
their
share
in
27
Report
observed
that
the
incidence
of
28
is
socially,
educationally
and
economically
29
RAJASTHAN
In case of Rajasthan, the available information suggests that
Jats are included in both the Central and State OBC list since
1999. But the report of the Rajasthan State OBC Commission
has not been made available to us by NCBC. Therefore, we
have based this comparative picture on a study sponsored by
the
State
Government
and
conducted
by
Institute
of
literacy
rate,
enrolment
in
graduation
and
30
31
shares.
Employment,
In
the
Group
&
Government
32
(3)
33
(4)
Justice Gurnam
Haryana (1990)
Singh
Commission
(5)
Report,
(6)
(7)
(8)
30.
34
least
two
other
persons
who
belonged
to
the
35
36
others.
Castes/Classes which mainly depend on menial labour
(iii)
(iv)
B. Educational
(v)
37
(vi)
38
That
apart,
according
to
the
Commission,
39
(ii)
(iii)
40
41
42
is
report
prepared
by
one
Prof.
Lipi
Uttar
Pradesh,
Punjab,
Delhi
and
43
are
brave
and
hardworking
and
not
treated
considered
lowly
well
by
other
especially
by
castes
upper
and
caste
Simiar
to
the
Hindu
custom
44
considered
themselves
closer
to
the
45
46
be
treated
as
backward
class.
Himachal Pradesh
40. The NCBC took into account that the claim of the Jats for
inclusion in the State List of OBCs in Himachal Pradesh had
been differently considered at different points of time by the
State Commission itself.
47
rejected
the
said
claim
in
the
year
1999
and
its
Rajasthan
41. The
NCBC
in
its
report
dated
28.11.1997
had
48
of
India
had
issued
Notification
dated
49
Based on the
50
51
Gujarat
45. The Jat Muslims were included in the Central List of
OBCs way back in the year 1993 but the Jat Hindus had not
been so included either in the State List or the Central List.
The cases of Jat Hindus in Gujarat were considered by the
NCBC in the year 2011 but in the absence of relevant
information its decision was deferred till the report of the
ICSSR is received. The said report of the ICSSR prepared on
the basis of the literature survey mentions (as noted and
52
53
Body of the ICSSR did not take any particular stand in the
matter and did not come up with any positive recommendation
either in favour or against the inclusion of the Jats in the
Central List of OBCs.
That is bound to
tendered
by
the
NCBC
which
judicially
(Indra
54
55
48.
Lists
of
other
backward
classes,
the
exercise
56
March,
2014
which
had
preceded
the
impugned
to
be
included
in
the
Central
Lists
is
social
57
3.
education,
Jats
lag
behind
in
Rajasthan,
the
too,
State
as
list
regards
of
OBCs.
literacy
In
rate,
58
59
would
amount
to
retrograde
governance.
Yet,
60
6
7
61
The above
Backwardness is a manifestation
62
The
class
of
citizens,
which
is
constitutionally
groups that must engage the attention of the State and the
constitutional power and duty must be concentrated to
discover such groups rather than to enable groups of citizens
to recover lost ground in claiming preference and benefits on
the basis of historical prejudice.
8
63
54.
and
educational
indicators.
Determination
of
64
Accordingly the