Case Note & Summary
The Bombay High Court disposed of two public interest litigations challenging the validity of a Government Resolution dated 17th November 1994 issued by the State of Maharashtra providing reservation in government employment for persons affected by earthquakes. The petitioners argued that reservation can only be provided for socially and educationally backward classes under Article 16(4) of the Constitution of India, and that the GR was ultra vires the Constitution. The court examined the GR, which noted that as per the recommendations of the Mandal Commission, the issue of providing reservation for earthquake affected persons in government employment was considered. The court held that the reservation provided by the GR is not under Article 16(4) but under Article 16(1) read with Article 14, which permits reasonable classification. The court found that earthquake affected persons constitute a distinct class requiring special treatment, and the GR is a valid policy decision. The court dismissed the petitions, upholding the validity of the GR.
Headnote
A) Constitutional Law - Reservation - Earthquake Affected Persons - Government Resolution dated 17th November 1994 providing 2% reservation in government employment for earthquake affected persons - Validity challenged on ground that reservation can only be for backward classes under Article 16(4) - Held that reservation for disaster affected persons is a reasonable classification under Article 14 and 16(1) and does not require backing of Article 16(4) - The GR is valid and intra vires the Constitution (Paras 1-10). B) Constitutional Law - Article 16(4) - Scope - Reservation under Article 16(4) is only for backward classes - But reservation can also be provided under Article 16(1) read with Article 14 for other categories like disaster affected persons - Held that the impugned GR is not under Article 16(4) but under Article 16(1) and is valid (Paras 5-8). C) Administrative Law - Government Resolution - Mandal Commission - The GR is based on recommendations of Mandal Commission for providing reservation to earthquake affected persons - Held that the GR is a policy decision and not arbitrary (Paras 2-4).
Issue of Consideration
Whether the Government Resolution dated 17th November 1994 providing reservation in government employment for earthquake affected persons is valid and constitutional.
Final Decision
The court dismissed both public interest litigations, upholding the validity of the Government Resolution dated 17th November 1994 providing reservation for earthquake affected persons in government employment.
Law Points
- Reservation for earthquake affected persons
- Reasonable classification under Article 14
- Article 16(4) not necessary for reservation
- Mandal Commission recommendations
- Government Resolution validity
