In a major setback to the BJP government and the Patel community, the High Court of Gujarat has struck down the ordinance which provides 10% reservation in Education and admissions to the Economically backward class among upper casts.
The court said that state cannot provide reservation based on Economic backwardness as it is against the spirit of the constitution which allows quotas on socially backwards and Scheduled Castes and Tribes.
On May 1st 2016 the Gujarat government issued the Gujarat Unreserved Economically Weaker Sections (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) Ordinance, 2016 to calm the Patel agitation that has been demanding quotas in Jobs and educational institutions.
The court was hearing the petition filed by the social worker Jayantbhai Manani who has charged that the state government has issued the ordinance without collecting the data on the backwardness of people among the upper class.
Previously the Supreme court has said that the state cannot provide more than 50% of reservation. This means that to bring other communities into the reservation and increase the quota a constitutional amendment is the way forward.