RAM SINGH & ORS. versus UNION OF INDIA

RAM SINGH & ORS. versus UNION OF INDIA

The inclusion of the Jat community in the Central List of Other Backward Classes for 9 States via the notification dated 04.03.2014 was not justified as the Union Government failed to demonstrate compelling reasons to override the advice of the National Commission for Backward Classes, which was based on thorough and contemporaneous assessment. The sole reliance on educational backwardness and outdated data contravened the constitutional and statutory requirement that backwardness under Article 16(4) means social backwardness, and that Government must adhere to statutory norms and consider contemporary material.

Parties
Petitioner: Ram Singh & Ors.; Respondent: Union of India
Jurisdiction
India
Judgment Date
17 March 2015
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Petition allowed, notification set aside.
Legal Topics
Reservation, Backward Classes, Central OBC List, Administrative Law, NCBC Act, Social Backwardness
Constitutional Law Reservation Backward Classes Central OBC List Administrative Law NCBC Act Social Backwardness

Case Brief

Summary, issues, holding and outcome

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Parties

Ram Singh & Ors.

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether inclusion of the Jat Community in the Central List of Other Backward Classes for 9 States by notification dated 04.03.2014 is justified.
  2. 2 Whether the advice of the National Commission for Backward Classes is binding on the Government under the NCBC Act, 1993.
  3. 3 What is the correct test for determining backwardness under Article 16(4) of the Constitution.

Ratio Decidendi

The inclusion of the Jat community in the Central List of Other Backward Classes for 9 States via the notification dated 04.03.2014 was not justified as the Union Government failed to demonstrate compelling reasons to override the advice of the National Commission for Backward Classes, which was based on thorough and contemporaneous assessment. The sole reliance on educational backwardness and outdated data contravened the constitutional and statutory requirement that backwardness under Article 16(4) means social backwardness, and that Government must adhere to statutory norms and consider contemporary material.

Court Disposition

Petition allowed, notification set aside.

Orders

  • Notification No. 63 dated 4.3.2014 including Jats in the Central List of Other Backward Classes for the States of Bihar, Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, NCT of Delhi, Bharatpur and Dholpur Districts of Rajasthan, Uttar Pradesh and Uttarakhand is set aside and quashed.