In the one state in India a community viz. X which is majority
in numbers as well as having political dominance demanded
reservation. The agitation was held and the State
Government constituted Backward Class Commission for
making an enquiry about backwardness of the said
community. The State Backward Class Commission made
detailed enquiry and recommended that the said X
community is entitled for 12% reservation in education and
service. Accordingly, the State Government held special
session of Legislative Assembly and passed a law granting
benefit of reservation to the extent of 10% in education and
service to the said X community as State Socially and
Educationally Backward Bill 2024 over and above the
existing reservation upto 52% for all the categories.
One Adv. Rajkumar challenged the said bill in the High Court
of the State upon its constitutional validity under Art. 226 of
the Constitution of Country on following grounds:-
1. The report of Backward Class Commission is totally
baseless and the X community cannot be termed as
backward and is liable to be discarded.
2. The said reservation is over and above 50% as
mandated by Supreme Court in Indira Swaney’s
Judgment.
