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HC upholds SAT order quashing SEBC reservation

SAT

Bhubaneswar/Cuttack: In a setback for the Odisha Government, the Orissa High Court today upheld State Administrative Tribunal (SAT) quashing of the Orissa Reservation of Posts and Service (Socially and Educationally Backward Classes) Act, 2008, which had provisions of earmarking 27 per cent of posts for candidates belonging to the SEBC in public employment.

The tribunal had quashed SEBC reservation system stating as unsustainable in the eye of law as it had not been mentioned in the 9th schedule of the Constitution after finding rate of reservation above 50 per cent

Following the SAT’s decision, the State Government challenged it by approaching the Orissa High Court by filing a petition in this regard.

The HC however upheld SAT’s order and directed the state government not to exceed 50 per cent ceiling in total in respect of ST, SC and SEBC in public employment as laid down by the Supreme Court.

The court also stated that as there is 38.75 per cent reservation for ST and SC, the 27 per cent reservation for SEBC takes the total reservation ratio to 65.75 per cent, which is contrary to the benchmark fixed by the apex court.

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