Gujarat HC seeks state’s response on backward class panel

AHMEDABAD: The Gujarat high court on Thursday directed the state government to file a detailed response on oath over a public interest litigation (PIL) demanding dissolution of the existing Gujarat Backward Classes Commission headed by Justice (retired) Sugnya Bhatt and sought directions for formation of a permanent Gujarat State Backward Classes Commission.
A division bench of acting chief justice A S Dave and justice Biren Vaishnav directed the chief secretary, social justice and empowerment secretary and the commission to give detailed response till the further hearing posted on July 20.
The petitioners — Umiya Parivar Visnagar, a Patidar organization, and Purvin Patel, member of Sardar Patel Seva Dal — demanded constitution of the permanent body for inclusion and exclusion of castes and communities in Socially and Educationally Backward Classes (SEBC). The demand is for constitution of the commission according to the guidelines issued by the Supreme Court in Indra Sawhney’s case.
The petitioners’ lawyer Vishal Dave sought dissolution of the present commission because it is functioning under command of an executive fiat, and this was illegal. The PIL has also urged that all the emoluments including salary and allowances given to present commission should be recovered along with interest within a time bound period.
The PIL further demanded that appropriate responsibility and accountability should be decided of erring officers and authorities responsible for non-compliance of the Indra Sawhney judgment.
Dave contended that till date, no step was taken for exclusion of affluent and advanced castes from the OBC schedule. The governments and political parties have been encouraging inclusion of more and more castes in the schedule instead of removing those castes which have benefited and advanced due to the provision.
The PIL further claimed that the Centre and the National Commission for Backward Classes have failed to conduct any periodic review according to law for the purpose of removal of advanced castes from the purview of the list. No effort has been taken in this direction despite an express order by the apex court more than two decades ago.