Understanding::--SC Proceedings on OBC Reservation & Legal Suggestion by JL members.

Friend,

Thanks for the information.

As of now as the case stands, the 'application of mind' by the Government of India in overruling the NCBC recommendations while issuing notification of listing the Jats in the OBC category at the Central level remains the major point to be seen on 9th April by the Supreme Court.

It is hoped that the Government of India might certainly had come across stronger reasons for doing so.

If proper reasoning is noted on the relevant files/papers for according reservation category status, then none can strike of reservation right to Jats !

Thanks and best wishes.
 
Friend,

Thanks for the information.

As of now as the case stands, the 'application of mind' by the Government of India in overruling the NCBC recommendations while issuing notification of listing the Jats in the OBC category at the Central level remains the major point to be seen on 9th April by the Supreme Court.

It is hoped that the Government of India might certainly had come across stronger reasons for doing so.

If proper reasoning is noted on the relevant files/papers for according reservation category status, then none can strike of reservation right to Jats !

Thanks and best wishes.
Sir,I doubt if NCBC had “serious mind of application” whilepreparing report for inclusion of Jats in OBC category. I am totally surprisedhow NCBC had accepted absurd and non-sense pleas of non-jats. There was notruth and reality in the pleas given by non-jats and most of facts theypresented before NCBC were fabricated.

First of all Non-Jats were laying stress on the credibility and authenticity ofKC Gupta Commission report. When they say 2 out of 6 members of commission hadinfluenced the report and gave favourable report to Government of Haryana,thenwe can also say that 1 member named Shri A.K. Saini out of 4 members of NCBCpanel was from Haryana that too from OBC category. We can also allege that hemight have influenced other 3 members and gave report in favour of non-Jatbackward castes.
Now about Prof. KS Sangwan and RP Hooda being Jats .. HoD,Sociology departmentand Vice-Chancellor are not direct posts . They have been appointed at theseposts after their service of minimum 25 years.Again CM does not directlyappoint Vice-Chancellor.The Cabinet Ministers and Education Secretaries alsohave say in the appointment of Vice-Chancellor. These 2 persons are veryexperienced and possess the essential qualifications and excellent track recordto be appointed at these posts . Again it is the absolute authority of HaryanaGovernment and KC Gupta Commission to consider any valid report to proveBackwardness of Jats .
Throughout the NCBC report,non-Jats were laying stress on the representationsof Jats in 3 areas:Armed Forces,Sports and Civil Services.
First let us consider Armed Forces and Sports. Jats have large representationsin these 2 fields because they are physically fit. It is very amusing to saythat due to Social,Economic and Educational Dominance,Jats run faster,Jats jumplonger and higher,Jats throw discuss at large distance and win medals and so on…
Similar is the case of Police Forces.. Every person tries it best to get job inhis home state .. Due to this Jats have large representation in Police Forcesof Haryana,Delhi and Western UP.

These non-Jats cited many examples where Jats were appointed on the posts ofVice-Chancellors of various State Universities of Haryana especially. Again letme clarify it is not a direct recruitment,it is subjected to essentialqualifications and experience. Again every person tries to be appointed in hishome state. That’s why they occupy posts of Vice-Chancellors.
If a Jat is made Vice-Chancellor of an University,then it does not mean thatJats will be given preference in admission,there will be more Jat lecturers,Jatstudents will be awarded more marks,etc. There is a secrecy branch in everyUniversity which conducts examination.

Now about Civil Services. Eligibility conditions for appearing in CivilServices is already very relaxed. There is no need for getting maximum qualification for giving civil services exam.
A preson holding B.A. degree with 41% marks and other person holding PhD degreewith 98% marks will be treated equally in Civil Services. There is a prescribedsyllabus and a person has to prepare according to that.
There are many examples where a person from a poor family background clearedCivil Services exam but an extreamly rich person could not clear even Prelims ofCivil Services.
Thus,job in Civil Services is totally based on talent,hard-work and level ofpreparation of a person.. Educational and Economic Status plays no role in it.

No they talk about Jats becoming Chief Ministers of Haryana.. Uttar Pradeshwhich is largest state had Chief Ministers from Dalits and Backward Classes..

The main problem is that these non-Jats talk about representation of Jats inArmed Forces but not about Government Banks and Railways.
They say that there are many Jats are there in Army then what about DRDO,Navy andAir Force.
They say that many Jats are lawyers/advocates then what about Judges.
They say that many Jats are Vice-Chancellors of State Universities then whatabout Central Universities and prestigious institutes like IITs,IIMs and AIIMS.
They say that there are many Jats in Police Forces then what aboutPara-Military Forces.

Non-Jats gave plea that Jats are owners of Lands,Petrol Pumps and Gas Agencies.Can they prove that due to owners of Petrol pumps being Jats,we getpetrol,diesel and gas at more subsidized prices.

When they talk about Sir Chhotu Ram then must not forget B.R. Ambedkar andJyotibha Phule. Dalits and Backwards always enjoyed support of Mahatama Gandhibut Jats never got support from Gandhi.

When non-Jats can give 2 hundred examples of Rich Jats to prove forwardness ofJats then we can also give 2 lakh examples of poor Jats to prove backwardnessof Jats.

Why don’t these non-Jats understand that only Jats belonging to Non-Creamylayer would be benefitted.

I expect Hon’ble Supreme Court to give judgement wisely without any bias anddeclare Jats as backward community on the basis of present Socio-Economic conditionsof majority of landless and poor Jats.
 
Sir,I doubt if NCBC had “serious mind of application” whilepreparing report for inclusion of Jats in OBC category. I am totally surprisedhow NCBC had accepted absurd and non-sense pleas of non-jats. There was notruth and reality in the pleas given by non-jats and most of facts theypresented before NCBC were fabricated.

First of all Non-Jats were laying stress on the credibility and authenticity ofKC Gupta Commission report. When they say 2 out of 6 members of commission hadinfluenced the report and gave favourable report to Government of Haryana,thenwe can also say that 1 member named Shri A.K. Saini out of 4 members of NCBCpanel was from Haryana that too from OBC category. We can also allege that hemight have influenced other 3 members and gave report in favour of non-Jatbackward castes.
Now about Prof. KS Sangwan and RP Hooda being Jats .. HoD,Sociology departmentand Vice-Chancellor are not direct posts . They have been appointed at theseposts after their service of minimum 25 years.Again CM does not directlyappoint Vice-Chancellor.The Cabinet Ministers and Education Secretaries alsohave say in the appointment of Vice-Chancellor. These 2 persons are veryexperienced and possess the essential qualifications and excellent track recordto be appointed at these posts . Again it is the absolute authority of HaryanaGovernment and KC Gupta Commission to consider any valid report to proveBackwardness of Jats .
Throughout the NCBC report,non-Jats were laying stress on the representationsof Jats in 3 areas:Armed Forces,Sports and Civil Services.
First let us consider Armed Forces and Sports. Jats have large representationsin these 2 fields because they are physically fit. It is very amusing to saythat due to Social,Economic and Educational Dominance,Jats run faster,Jats jumplonger and higher,Jats throw discuss at large distance and win medals and so on…
Similar is the case of Police Forces.. Every person tries it best to get job inhis home state .. Due to this Jats have large representation in Police Forcesof Haryana,Delhi and Western UP.

These non-Jats cited many examples where Jats were appointed on the posts ofVice-Chancellors of various State Universities of Haryana especially. Again letme clarify it is not a direct recruitment,it is subjected to essentialqualifications and experience. Again every person tries to be appointed in hishome state. That’s why they occupy posts of Vice-Chancellors.
If a Jat is made Vice-Chancellor of an University,then it does not mean thatJats will be given preference in admission,there will be more Jat lecturers,Jatstudents will be awarded more marks,etc. There is a secrecy branch in everyUniversity which conducts examination.

Now about Civil Services. Eligibility conditions for appearing in CivilServices is already very relaxed. There is no need for getting maximum qualification for giving civil services exam.
A preson holding B.A. degree with 41% marks and other person holding PhD degreewith 98% marks will be treated equally in Civil Services. There is a prescribedsyllabus and a person has to prepare according to that.
There are many examples where a person from a poor family background clearedCivil Services exam but an extreamly rich person could not clear even Prelims ofCivil Services.
Thus,job in Civil Services is totally based on talent,hard-work and level ofpreparation of a person.. Educational and Economic Status plays no role in it.

No they talk about Jats becoming Chief Ministers of Haryana.. Uttar Pradeshwhich is largest state had Chief Ministers from Dalits and Backward Classes..

The main problem is that these non-Jats talk about representation of Jats inArmed Forces but not about Government Banks and Railways.
They say that there are many Jats are there in Army then what about DRDO,Navy andAir Force.
They say that many Jats are lawyers/advocates then what about Judges.
They say that many Jats are Vice-Chancellors of State Universities then whatabout Central Universities and prestigious institutes like IITs,IIMs and AIIMS.
They say that there are many Jats in Police Forces then what aboutPara-Military Forces.

Non-Jats gave plea that Jats are owners of Lands,Petrol Pumps and Gas Agencies.Can they prove that due to owners of Petrol pumps being Jats,we getpetrol,diesel and gas at more subsidized prices.

When they talk about Sir Chhotu Ram then must not forget B.R. Ambedkar andJyotibha Phule. Dalits and Backwards always enjoyed support of Mahatama Gandhibut Jats never got support from Gandhi.

When non-Jats can give 2 hundred examples of Rich Jats to prove forwardness ofJats then we can also give 2 lakh examples of poor Jats to prove backwardnessof Jats.

Why don’t these non-Jats understand that only Jats belonging to Non-Creamylayer would be benefitted.

I expect Hon’ble Supreme Court to give judgement wisely without any bias anddeclare Jats as backward community on the basis of present Socio-Economic conditionsof majority of landless and poor Jats.

Supreme court is going to neither giving nor rejecting the NCBC Report. They will be deciding what led Central Govt to issue the notice rejecting NCBC report. The reason must show application of mind.
 
Sir,NCBC has objected to inclusion of Jats of all the 9 states ..
Though I have specified the reasons of Haryana,the reaons for other states were almost similar to that of Haryana.

The maximum objection was for the Jats of Haryana and Delhi.

and also for punjab
 
http://www.ndtv.com/article/india/s...top-centre-from-granting-quota-to-jats-506259


The Supreme Court today declined to stay the Centre's decision to grant reservations in government jobs and educational institutions to the Jat community.

The Top Court expressed its satisfaction with the documents submitted by the Centre in support of its decision to bring the Jats in the OBC list, and posted the matter for further hearing on May 1.

"Prime facie, we are satisfied with the material submitted by the government for providing reservations to Jats," Chief Justice P Sathasivam said.


The Supreme Court had on April 1 directed the Centre to turn over all the files pertaining to its decision to extend OBC quota to the Jats in seven states - Uttar Pradesh, Madhya Pradesh, Gujarat, Rajasthan, Haryana, Himachal Pradesh and Bihar.

In its petition, OBC Reservation Raksha Samiti had appealed to the Supreme Court to quash the Jat quota announced by the Centre just before the polls, and also argued that it was contrary to the recommendation of the National Commission for Backward Classes.

A few Jat organisations had, in the interregnum, filed a caveat, contending that the Court should hear them also before passing any orders.

Quota for Jats is seen as the Congress' attempt to improve its poll prospects in nine states where the community has a strong presence - Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, Rajasthan, Uttar Pradesh, Delhi, Uttarakhand and Bihar. Congress leaders have assessed that over eight crore Jats in these states can be the deciding factor in at least 30 Lok Sabha constituencies.

The National Commission for Backward Classes had opposed a quota for Jats on grounds that the community cannot be classified as "backward" and such a move would deprive more deserving groups of central benefits. The proposal was still cleared at a special cabinet meeting on March 2 and notified on March 4, just a day before the announcement of Lok Sabha polls brought a model code of conduct into effect.
 
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This is victory for Jat community as more than 20 years demand is fulfilled by UPA Government and cleared by Hon'ble Supreme Court
The bench asked senior advocate K Parasaran, appearing for the Centre, that all the materials placed before it should be filed in the form of counter-affidavit. ..
All the evidence and files pertaining to Jat reservation has already been presented by Government of India


http://www.livehindustan.com/news/d...ity-OBC-reservation-central-39-39-415253.html

http://timesofindia.indiatimes.com/...-include-Jats-in-OBC/articleshow/33497651.cms

उच्चतम न्यायालय ने जाट समुदाय को ओबीसी श्रेणी में शामिल करने के लिए चुनावों से पहले केंद्र द्वारा जारी अधिसूचना पर आज रोक लगाने से इनकार कर दिया।

प्रधान न्यायाधीश पी सदाशिवम की अध्यक्षता वाली पीठ ने कहा, दस्तावेजों का अध्ययन करने के बाद हम प्रथम दष्टया इस बात से संतुष्ट हैं कि यह तर्क नहीं दिया जा सकता कि फैसला लेने (जाटों को ओबीसी सूची में शामिल करने) के लिए कोई सामग्री नहीं है।

न्यायमूर्ति सदाशिवम, न्यायमूर्ति रंजन गोगोई और न्यायमूर्ति एनवी रमन की पीठ ने कहा कि कोई मत व्यक्त करने से पहले, आगे के विचार के लिए हम केंद्र को निर्देश देते हैं कि वह तीन हफ्ते के भीतर जवाबी हलफनामा दाखिल करे।
इस मामले को एक मई को सुनवाई के लिये सूचीबद्ध करने के बाद न्यायाधीशों ने कहा, हम रोक लगाने का अनुरोध अस्वीकार कर रहे हैं ओबीसी आरक्षण रक्षा समिति की ओर से वरिष्ठ अधिवक्ता के के वेणुगोपाल ने आरोप लगाया कि आदर्श आचार संहिता लागू होने से एक दिन पहले चार मार्च को इस बारे में अधिसूचना जारी की गयी है और ऐसा सत्तारूढ़ दल ने वोट हासिल करने के लिये किया है।

इस पर न्यायाधीशों ने कहा कि आचार संहिता लागू होने से एक दिन पहले लिये गये सरकार के फैसले के रास्ते में वे नहीं आ सकते हैं। न्यायाधीशों ने कहा, सरकार तो सरकार है। हम इस पर रोक नहीं लगा सकते, आप भी नहीं लगा सकते। एक दिन पहले (आचार संहिता) तक वे निर्णय ले सकते हैं।

वेणुगोपाल ने कहा कि सत्तारूढ़ दल ने निजी लाभ के लिये फैसला लिया है। न्यायालय के एक अप्रैल के आदेश का पालन करते हुये केन्द्र ने आज जाटों को अन्य पिछड़े वर्ग की सूची में शामिल करने के मसले से संबंधित केन्द्रीय मंत्रिमंडल के निर्णय सहित सारे दस्तावेज और फाइलें न्यायाधीशों के समक्ष पेश कीं।

न्यायालय ने केन्द्र सरकार की ओर से पेश वरिष्ठ अधिवक्ता के पराशरन से कहा कि सारी सामग्री जवाबी हलफनामे के रूप में दाखिल की जानी चाहिए। न्यायाधीशों ने कहा कि हम जानना चाहते हैं कि इस आदेश (जाटों को अन्य पिछड़े वर्ग की सूची में शामिल करने) का आधार क्या है। पराशरन ने कहा कि सारे कारण रिकार्ड में हैं।

 
This is victory for Jat community as more than 20 years demand is fulfilled by UPA Government and cleared by Hon'ble Supreme Court
The bench asked senior advocate K Parasaran, appearing for the Centre, that all the materials placed before it should be filed in the form of counter-affidavit. ..
All the evidence and files pertaining to Jat reservation has already been presented by Government of India


http://www.livehindustan.com/news/d...ity-OBC-reservation-central-39-39-415253.html

http://timesofindia.indiatimes.com/...-include-Jats-in-OBC/articleshow/33497651.cms

.................................

First round is won;

Let us hope that the Supreme Court finds

everything in order on the next day of hearing

i.e. May 1, 2014.
 
Latest development is that next hearing is on 12 Aug 2014 which clearly means that there is nothing left in this challenge by non-jats.

Here is what govt says abt NCBC and its advice to central govt. on approving central OBC reservation:

http://indianexpress.com/article/in...d-by-panels-view-decision-in-public-interest/

A day before the hearing in the Supreme Court, the Centre has said it was not bound by the recommendation of the National Commission for Backward Classes (NCBC) and that its poll-eve decision to include Jats in the Other Backward Classes category in nine states was “in public interest”.
Filing its affidavit, the government has asserted its “executive” power over the “statutory” power of the commission, and held it was empowered to take such decisions since they were accountable directly to the people.
The government had included Jats in the OBC category despite a categorical rejection of this idea by the NCBC. Defending its decision, the Ministry of Social Justice and Empowerment has pointed out that the NCBC’s advice was “directory and not mandatory.” A mere consultation with the NCBC was enough and the government could take its own decision thereafter, it said.

“To hold the advice of the NCBC as binding would be to interpret powers of executive as abdicated to a statutory authority. This will be contrary to principles of governance. Implementation of Directive Principles of State Policy is the duty of the State, whose executives are in turn accountable to the people,” said the Centre.


And listing on Supreme court website :-

http://courtnic.nic.in/supremecourt/casestatus_new/caseno_new_alt.asp

Hope all will benefits this without any doubt in mind. Good Luck !!
 
yesterday's hearing says that its part-heard. Today there would be more hearing and next date will be give most likely. As mentioned in the thread earlier, all are Ahir(Yadavs) and Pandit Lobby against our reservation. Will see them.

Question must be, even if Supreme court finds it otherwise would central govt would dare to go against jats to denotify it?
 
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