Case: Ram Singh &amp; Others Vs. Union of India

2. Pursuant to several requests received from individuals, organisations and associations for inclusion of Jats in the Central List of Backward Classes for the States of Haryana, Rajasthan, Madhya Pradesh and Uttar Pradesh, the National Commission for Backward Classes (NCBC) studied their claims and submitted a report on 28.11.1997. It recommended inclusion in the Central List only of the Jats of Rajasthan, except the Bharatpur and Dhaulpur districts.3. The NCBC also examined the claim for inclusion of Jats in the Central List for the State of Delhi, and tendered its advice rejecting their claim on 25.11.2010.4. The significant developments that took place after submission of the aforesaid two reports may be relevant to be taken note of at this stage. On 03.05.2011 the National Commission for Backward Classes (Power to Review Advice) Rules, 2011 was notified by the Ministry of Social Justice and Empowerment. By virtue of the aforesaid Rules, the NCBC was empowered to review its advice tendered to the Central Government under Section 9(1) of the Act. Rule 4 of the Rules provides that theof Section 114 and Order 47 of the Code of Civil Procedure, 1908 shall mutatis mutandis apply to a review undertaken by the Commission.In a meeting of the NCBC held on 20.06.2011, a large number of representations received from the Jat Community for review of the earlier advice of the NCBC was taken up for consideration. It was decided that consideration of all such representations be deferred till finalisation of the Socioeconomic Caste Census (SCC) 2011 which was being conducted by the Registrar General of India all over the country for enumerating castewise population of the country. However, in a meeting held on 19.07.2011 the NCBC decided to approach the Indian Council of Social Science Research (ICSSR) to conduct a full-fledged survey in the States of Uttar Pradesh, Haryana, Madhya Pradesh, Rajasthan, Himachal Pradesh and Gujarat to ascertain the socio-economic status of the Jat Community. The said decision was prompted by the necessity to have adequate quantifiable data to enable the NCBC to consider the request of the Jat Community for inclusion in the Central List of Other Backward Classes in the concerned States.6. What happened to the survey entrusted to the ICSSR would not be very relevant except that in October 2012 the NCBC decided to reduce the comprehensive survey to a 2% sample survey which work, once again, was entrusted to the ICSSR.7. It appears that in the midst of the aforesaid exercise the office of the Prime Minister addressed a communication dated 04.06.2013 to the Ministry of Social Justice and Empowerment to the effect that a decision has been taken to constitute a Group of Ministers chaired by the Finance Minister and comprising, inter alia, of the Home Minister for the followingTo interact with the representatives of the Jat Community with regard to their demand for inclusion and to keep them apprised of the progress in the matter.(ii) To monitor the expeditious completion of the survey undertaken by the NCBC through the ICSSR and to facilitate an early decision in the matter by the NCBC.The Group of Ministers in its meetings held on 28.10.2013 and 30.10.2013, upon consideration of the matter, perceived that two options were available to it. The first was to request the NCBC to reconsider its earlier decision of conducting the sample survey and to tender its advice on the basis of materials already available. The second was that the survey work which had already begun in Gujarat would be restricted to confirmed list of Jat variants and on the basis of the results of the survey done by the ICSSR the NCBC will tender itsThereafter, in a meeting of the Cabinet held on 19.12.2013, decision was taken to request NCBC to go ahead with first option i.e. to tender its advice based on existing material. The cabinet further took the decision that the cases of States of Bihar, Uttarakhand and NCT of Delhi be also included in the reference made to the NCBC.9. On the basis of the aforesaid decision of the cabinet communicated to the NCBC, the Commission took the view that as it did not have sufficient expertise in the matter, the ICSSR be requested to set up an Expert Committee to conduct an extensive literature survey on the subject in order to collect sufficient materials for the impending exercise. Thereafter, the NCBC forwarded all reports/documents received by it in this regard including representations for and against the inclusion of the Jat Community to the ICSSR. The expert body constituted by the ICSSR submitted its report (hereinafter referred to as the report of the ICSSR) in the matter which primarily was based on the reports of the various State Commissions submitted to the respective State Governments in connection with the inclusion of the Jat Community in the OBC list of the concerned States. The ICSSR, apparently, did not undertake any study of the other materials by way of books/literature/representations. The report of the ICSSR, noticeably, did not make any recommendations but only set out the existing facts. The said report of the ICSSR was, thereafter, discussed by the NCBC in several of its meetings. Simultaneously, the NCBC addressed letters to the State Governments for fixing public hearings in the respective State capitals. As there was no response from the States in this regard, the NCBC published notices for conducting public hearings fixing different dates for hearing the claims and counter-claims (objections). The public hearings were to be held in Siri Fort Auditorium, New Delhi on two sets of dates in February, 2014.10. On conclusion of the public hearings, which appear to have received what may at best be termed as a mixed response, the NCBC submitted its advice/opinion/report dated 26.02.2014 to the Central Government stating that the Jat Community had not fulfilled the criteria for inclusion in the Central List of OBCs. It observed that merely belonging to an agricultural community cannot confer backward status on the Jats. It suggested the need for a non-caste based identification of backward classes. The NCBC found that the Jats were not socially backward. They were also not educationally backward. It similarly rejected the claim of inadequate representation in public employment, finding them adequately represented in armed forces, government services and educational institutions.11. Thereafter, the Union Cabinet in a meeting held on 02.03.2014 decided that the advice tendered by the NCBC did not adequately take into account thehe Cabinet, therefore, resolved not to accept the said advice and instead to include the Jat Community in the Central List of Backward Classes for the States of Bihar, Gujarat, Haryana, Himachal Pradesh and NCT of Delhi, Bharatpur and Dholpur districts of Rajasthan, Uttar Pradesh and Uttarakhand. Thereafter, the impugned notification came to be issued on 04.03.2014.12. At this stage it may be relevant to notice the dates on which the Jat Community was included in the List of OBCs in the States in question which are set out03.11.1999 State of Rajasthan(2) 10.03.2000 State of Uttar Pradesh(3) 31.05.2000 NCT of Delhi(4) 06.11.2000 State of Bihar(5) 24.01.2002 State of Madhya Pradesh(6) 16.11.2002 State of Himachal Pradesh(7) 22.03.2010 State of Uttarakhand(8) 24.01.2013 State of Haryana-AsSpecial OBC(9) Gujarat NotConstitutional and Statutory Provisions13. The relevant Constitutional and Statutory provisions in the light of which the issues arising will have to be determined may be taken note of at the outset:Article 15 of the Constitution prohibits discrimination on ground of religion, race, caste, sex or place of birth. Clause (4) of Article 15 provides thatin this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the ScheduledArticle 16 which provides for equality of opportunity in matters of public employment provides in Clause (4) thereof thatReference to the provisions of Article 38 and 46 of in Part IV of the Constitution may also be made. Article 38 of the Constitution enjoins a duty on the State to endeavour to promote the welfare of the people by securing and protecting as effectively as it may a social order by, inter alia, eliminating inequalities in status, facilities and opportunities not only amongst individuals but also amongst groups of people either residing in different areas or engaged in different vocations. Article 46 casts upon the State a duty to promote the educational and economic interests of the weaker sections of the population particularly of the Scheduled Castes and Scheduled Tribes and to protect such citizens from social injustice and exploitation. Article 340 of the Constitution envisages the creation of a Commission, inter alia, to investigate the conditions of the socially and educationally backward classes and the difficulties under which such classes labour; and to make recommendations as to the steps that should be taken to remove such difficulties and improve their conditions etc.15. The National Commission of Backward Classes Act, 1993 was enacted following the decision of this Court in Indra Sawhney & Ors. Vs. Union of India & Ors. (1992 Supp (3) SCC 217)which visualised the necessity of establishment of a permanent/specialised body to which complaints of non-inclusion or wrong inclusion of groups, classes and sections in the list of Other Backward Classes can be made from time to time. In this regard, the following part of the opinion of Justice Jeevan Reddy in Indra Sawhney case (supra) may be noticedare of the considered view that there ought to be a permanent body, in the nature of a Commission or Tribunal, to which complaints of wrong inclusion or non-inclusion of groups, classes and sections in the lists of Other Backward Classes can be made. Such body must be empowered to examine complaints of the said nature and pass appropriate orders. Its advice/opinion should ordinarily be binding upon the Government. Where, however, the Government does not agree with its recommendation, it must record its reasons therefore. Even if any new class/group is proposed to be included among the other backward classes, such matter must also be referred to the said body in the first instance and action taken on the basis of its recommendation. The body must be composed of experts in the field, both official and non-official, and must be vested with the necessary powers to make a proper and effective inquiry. It is equally desirable that each State constitutes such a body, which step would go a long way in redressing genuine grievances. Such a body can be created under Clause (4) of Article 16 itself – or under Article 16(4) read with Article 340 - as a concomitant of the power to identify and specify backward class of citizens, in whose favour reservations are to be provided. We direct that such a body be constituted both at Central level and at the level of the States within four months from today. They should become immediately operational and be in a position to entertain and examine forthwith complaints and matters of the nature aforementioned, if any, received. It should be open to the Government of India and the respective State Governments to devise the procedure to be followed by such body. The body or bodies so created can also be consulted in the matter of periodic revision of lists of6. The National Commission for Backward Classes Act, 1993 (for short) contain provisions for the constitution of the National Commission For Backward Classes (NCBC), its powers and functions and other allied matters. The salient features of the Act which will require to be specifically noticed may be set out hereunder.Section 2(a) and 2(c) provides asmeans such backward classes of citizens other than the Scheduled Castes and Scheduled Tribes as may be specified by the Central Government in the lists;2(c) –means lists prepared by the Government of India from time to time for purposes of making provision for the reservation of appointments or posts in favour of backward classes of citizens which, in the opinion of that Government, are not adequately represented in the services under the Government of India and any local or other authority within the territory of India or under the control of the Government of3 deals with constitution of NCBC. It provides that the NCBC shall consist of the following persons nominated by the Central Government.(a) A Chairperson, who is or has been a Judge of the Supreme Court or of a High Court;(b) A social scientist;(c) Two persons, who have special knowledge in matters relating to backward classes; and(d) A Member-Secretary, who is or has been an officer of the Central Government in the rank of a Secretary to the Government of India.Sections 9 and 11 of the Act read asFunctions of the Commission(1) The Commission shall examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the Central Government as it deems appropriate.(2) The advice of the commission shall ordinarily be binding upon the Central Government.11. Periodic Revision of Lists by the Central Government(1) The Central Government may at any time, and shall, at the expiration of ten years from the coming into force of this Act and every succeeding period of ten years thereafter, undertake revision of the lists with a view to excluding from such lists those classes who have ceased to be backward classes or for including in such lists new backward classes.(2) The Central Government shall, while undertaking any revision referred to in subsection (1), consult the Commission.Section 8 of the Act empowers the Commission to lay down its own procedure while Section 10 enumerates the powers of the Commission while performing its functions under Section 9(1) of the Act. There is no specific provision in the Act which empowers the Central Government to override the advice/recommendation of the Commission.Pursuant to several requests received from individuals, organisations and associations for inclusion of Jats in the Central List of Backward Classes for the States of Haryana, Rajasthan, Madhya Pradesh and Uttar Pradesh, the National Commission for Backward Classes (NCBC) studied their claims and submitted a report on 28.11.1997. It recommended inclusion in the Central List only of the Jats of Rajasthan, except the Bharatpur and Dhaulpur districts.3. The NCBC also examined the claim for inclusion of Jats in the Central List for the State of Delhi, and tendered its advice rejecting their claim on 25.11.2010.4. The significant developments that took place after submission of the aforesaid two reports may be relevant to be taken note of at this stage. On 03.05.2011 the National Commission for Backward Classes (Power to Review Advice) Rules, 2011 was notified by the Ministry of Social Justice and Empowerment. By virtue of the aforesaid Rules, the NCBC was empowered to review its advice tendered to the Central Government under Section 9(1) of the Act. Rule 4 of the Rules provides that theof Section 114 and Order 47 of the Code of Civil Procedure, 1908 shall mutatis mutandis apply to a review undertaken by the Commission.In a meeting of the NCBC held on 20.06.2011, a large number of representations received from the Jat Community for review of the earlier advice of the NCBC was taken up for consideration. It was decided that consideration of all such representations be deferred till finalisation of the Socioeconomic Caste Census (SCC) 2011 which was being conducted by the Registrar General of India all over the country for enumerating castewise population of the country. However, in a meeting held on 19.07.2011 the NCBC decided to approach the Indian Council of Social Science Research (ICSSR) to conduct a full-fledged survey in the States of Uttar Pradesh, Haryana, Madhya Pradesh, Rajasthan, Himachal Pradesh and Gujarat to ascertain the socio-economic status of the Jat Community. The said decision was prompted by the necessity to have adequate quantifiable data to enable the NCBC to consider the request of the Jat Community for inclusion in the Central List of Other Backward Classes in the concerned States.6. What happened to the survey entrusted to the ICSSR would not be very relevant except that in October 2012 the NCBC decided to reduce the comprehensive survey to a 2% sample survey which work, once again, was entrusted to the ICSSR.7. It appears that in the midst of the aforesaid exercise the office of the Prime Minister addressed a communication dated 04.06.2013 to the Ministry of Social Justice and Empowerment to the effect that a decision has been taken to constitute a Group of Ministers chaired by the Finance Minister and comprising, inter alia, of the Home Minister for the followingo interact with the representatives of the Jat Community with regard to their demand for inclusion and to keep them apprised of the progress in the matter.(ii) To monitor the expeditious completion of the survey undertaken by the NCBC through the ICSSR and to facilitate an early decision in the matter by the NCBC.e Group of Ministers in its meetings held on 28.10.2013 and 30.10.2013, upon consideration of the matter, perceived that two options were available to it. The first was to request the NCBC to reconsider its earlier decision of conducting the sample survey and to tender its advice on the basis of materials already available. The second was that the survey work which had already begun in Gujarat would be restricted to confirmed list of Jat variants and on the basis of the results of the survey done by the ICSSR the NCBC will tender its, in a meeting of the Cabinet held on 19.12.2013, decision was taken to request NCBC to go ahead with first option i.e. to tender its advice based on existing material. The cabinet further took the decision that the cases of States of Bihar, Uttarakhand and NCT of Delhi be also included in the reference made to the NCBC.9. On the basis of the aforesaid decision of the cabinet communicated to the NCBC, the Commission took the view that as it did not have sufficient expertise in the matter, the ICSSR be requested to set up an Expert Committee to conduct an extensive literature survey on the subject in order to collect sufficient materials for the impending exercise. Thereafter, the NCBC forwarded all reports/documents received by it in this regard including representations for and against the inclusion of the Jat Community to the ICSSR. The expert body constituted by the ICSSR submitted its report (hereinafter referred to as the report of the ICSSR) in the matter which primarily was based on the reports of the various State Commissions submitted to the respective State Governments in connection with the inclusion of the Jat Community in the OBC list of the concerned States. The ICSSR, apparently, did not undertake any study of the other materials by way of books/literature/representations. The report of the ICSSR, noticeably, did not make any recommendations but only set out the existing facts. The said report of the ICSSR was, thereafter, discussed by the NCBC in several of its meetings. Simultaneously, the NCBC addressed letters to the State Governments for fixing public hearings in the respective State capitals. As there was no response from the States in this regard, the NCBC published notices for conducting public hearings fixing different dates for hearing the claims and counter-claims (objections). The public hearings were to be held in Siri Fort Auditorium, New Delhi on two sets of dates in February, 2014.10. On conclusion of the public hearings, which appear to have received what may at best be termed as a mixed response, the NCBC submitted its advice/opinion/report dated 26.02.2014 to the Central Government stating that the Jat Community had not fulfilled the criteria for inclusion in the Central List of OBCs. It observed that merely belonging to an agricultural community cannot confer backward status on the Jats. It suggested the need for a non-caste based identification of backward classes. The NCBC found that the Jats were not socially backward. They were also not educationally backward. It similarly rejected the claim of inadequate representation in public employment, finding them adequately represented in armed forces, government services and educational institutions.11. Thereafter, the Union Cabinet in a meeting held on 02.03.2014 decided that the advice tendered by the NCBC did not adequately take into account thehe Cabinet, therefore, resolved not to accept the said advice and instead to include the Jat Community in the Central List of Backward Classes for the States of Bihar, Gujarat, Haryana, Himachal Pradesh and NCT of Delhi, Bharatpur and Dholpur districts of Rajasthan, Uttar Pradesh and Uttarakhand. Thereafter, the impugned notification came to be issued on 04.03.2014.12. At this stage it may be relevant to notice the dates on which the Jat Community was included in the List of OBCs in the States in question which are set out9 State of Rajasthan(2) 10.03.2000 State of Uttar Pradesh(3) 31.05.2000 NCT of Delhi(4) 06.11.2000 State of Bihar(5) 24.01.2002 State of Madhya Pradesh(6) 16.11.2002 State of Himachal Pradesh(7) 22.03.2010 State of Uttarakhand(8) 24.01.2013 State of Haryana-AsSpecial OBC(9) Gujarat NotConstitutional and Statutory Provisions13. The relevant Constitutional and Statutory provisions in the light of which the issues arising will have to be determined may be taken note of at the outset:Article 15 of the Constitution prohibits discrimination on ground of religion, race, caste, sex or place of birth. Clause (4) of Article 15 provides thatin this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the ScheduledArticle 16 which provides for equality of opportunity in matters of public employment provides in Clause (4) thereof thate to the provisions of Article 38 and 46 of in Part IV of the Constitution may also be made. Article 38 of the Constitution enjoins a duty on the State to endeavour to promote the welfare of the people by securing and protecting as effectively as it may a social order by, inter alia, eliminating inequalities in status, facilities and opportunities not only amongst individuals but also amongst groups of people either residing in different areas or engaged in different vocations. Article 46 casts upon the State a duty to promote the educational and economic interests of the weaker sections of the population particularly of the Scheduled Castes and Scheduled Tribes and to protect such citizens from social injustice and exploitation. Article 340 of the Constitution envisages the creation of a Commission, inter alia, to investigate the conditions of the socially and educationally backward classes and the difficulties under which such classes labour; and to make recommendations as to the steps that should be taken to remove such difficulties and improve their conditions etc.15. The National Commission of Backward Classes Act, 1993 was enacted following the decision of this Court in Indra Sawhney & Ors. Vs. Union of India & Ors. (1992 Supp (3) SCC 217)which visualised the necessity of establishment of a permanent/specialised body to which complaints of non-inclusion or wrong inclusion of groups, classes and sections in the list of Other Backward Classes can be made from time to time. In this regard, the following part of the opinion of Justice Jeevan Reddy in Indra Sawhney case (supra) may be noticedare of the considered view that there ought to be a permanent body, in the nature of a Commission or Tribunal, to which complaints of wrong inclusion or non-inclusion of groups, classes and sections in the lists of Other Backward Classes can be made. Such body must be empowered to examine complaints of the said nature and pass appropriate orders. Its advice/opinion should ordinarily be binding upon the Government. Where, however, the Government does not agree with its recommendation, it must record its reasons therefore. Even if any new class/group is proposed to be included among the other backward classes, such matter must also be referred to the said body in the first instance and action taken on the basis of its recommendation. The body must be composed of experts in the field, both official and non-official, and must be vested with the necessary powers to make a proper and effective inquiry. It is equally desirable that each State constitutes such a body, which step would go a long way in redressing genuine grievances. Such a body can be created under Clause (4) of Article 16 itself – or under Article 16(4) read with Article 340 - as a concomitant of the power to identify and specify backward class of citizens, in whose favour reservations are to be provided. We direct that such a body be constituted both at Central level and at the level of the States within four months from today. They should become immediately operational and be in a position to entertain and examine forthwith complaints and matters of the nature aforementioned, if any, received. It should be open to the Government of India and the respective State Governments to devise the procedure to be followed by such body. The body or bodies so created can also be consulted in the matter of periodic revision of lists of6. The National Commission for Backward Classes Act, 1993 (for short) contain provisions for the constitution of the National Commission For Backward Classes (NCBC), its powers and functions and other allied matters. The salient features of the Act which will require to be specifically noticed may be set out hereunder.Section 2(a) and 2(c) provides asmeans such backward classes of citizens other than the Scheduled Castes and Scheduled Tribes as may be specified by the Central Government in the lists;2(c) –s lists prepared by the Government of India from time to time for purposes of making provision for the reservation of appointments or posts in favour of backward classes of citizens which, in the opinion of that Government, are not adequately represented in the services under the Government of India and any local or other authority within the territory of India or under the control of the Government of3 deals with constitution of NCBC. It provides that the NCBC shall consist of the following persons nominated by the Central Government.(a) A Chairperson, who is or has been a Judge of the Supreme Court or of a High Court;(b) A social scientist;(c) Two persons, who have special knowledge in matters relating to backward classes; and(d) A Member-Secretary, who is or has been an officer of the Central Government in the rank of a Secretary to the Government of India.Sections 9 and 11 of the Act read ass of the Commission(1) The Commission shall examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the Central Government as it deems appropriate.(2) The advice of the commission shall ordinarily be binding upon the Central Government.11. Periodic Revision of Lists by the Central Government(1) The Central Government may at any time, and shall, at the expiration of ten years from the coming into force of this Act and every succeeding period of ten years thereafter, undertake revision of the lists with a view to excluding from such lists those classes who have ceased to be backward classes or for including in such lists new backward classes.(2) The Central Government shall, while undertaking any revision referred to in subsection (1), consult the Commission.n 8 of the Act empowers the Commission to lay down its own procedure while Section 10 enumerates the powers of the Commission while performing its functions under Section 9(1) of the Act. There is no specific provision in the Act which empowers the Central Government to override the advice/recommendation of the Commission.t to several requests received from individuals, organisations and associations for inclusion of Jats in the Central List of Backward Classes for the States of Haryana, Rajasthan, Madhya Pradesh and Uttar Pradesh, the National Commission for Backward Classes (NCBC) studied their claims and submitted a report on 28.11.1997. It recommended inclusion in the Central List only of the Jats of Rajasthan, except the Bharatpur and Dhaulpur districts.3. The NCBC also examined the claim for inclusion of Jats in the Central List for the State of Delhi, and tendered its advice rejecting their claim on 25.11.2010.4. The significant developments that took place after submission of the aforesaid two reports may be relevant to be taken note of at this stage. On 03.05.2011 the National Commission for Backward Classes (Power to Review Advice) Rules, 2011 was notified by the Ministry of Social Justice and Empowerment. By virtue of the aforesaid Rules, the NCBC was empowered to review its advice tendered to the Central Government under Section 9(1) of the Act. Rule 4 of the Rules provides that theof Section 114 and Order 47 of the Code of Civil Procedure, 1908 shall mutatis mutandis apply to a review undertaken by the Commission.In a meeting of the NCBC held on 20.06.2011, a large number of representations received from the Jat Community for review of the earlier advice of the NCBC was taken up for consideration. It was decided that consideration of all such representations be deferred till finalisation of the Socioeconomic Caste Census (SCC) 2011 which was being conducted by the Registrar General of India all over the country for enumerating castewise population of the country. However, in a meeting held on 19.07.2011 the NCBC decided to approach the Indian Council of Social Science Research (ICSSR) to conduct a full-fledged survey in the States of Uttar Pradesh, Haryana, Madhya Pradesh, Rajasthan, Himachal Pradesh and Gujarat to ascertain the socio-economic status of the Jat Community. The said decision was prompted by the necessity to have adequate quantifiable data to enable the NCBC to consider the request of the Jat Community for inclusion in the Central List of Other Backward Classes in the concerned States.6. What happened to the survey entrusted to the ICSSR would not be very relevant except that in October 2012 the NCBC decided to reduce the comprehensive survey to a 2% sample survey which work, once again, was entrusted to the ICSSR.7. It appears that in the midst of the aforesaid exercise the office of the Prime Minister addressed a communication dated 04.06.2013 to the Ministry of Social Justice and Empowerment to the effect that a decision has been taken to constitute a Group of Ministers chaired by the Finance Minister and comprising, inter alia, of the Home Minister for the followingo interact with the representatives of the Jat Community with regard to their demand for inclusion and to keep them apprised of the progress in the matter.(ii) To monitor the expeditious completion of the survey undertaken by the NCBC through the ICSSR and to facilitate an early decision in the matter by the NCBC.e Group of Ministers in its meetings held on 28.10.2013 and 30.10.2013, upon consideration of the matter, perceived that two options were available to it. The first was to request the NCBC to reconsider its earlier decision of conducting the sample survey and to tender its advice on the basis of materials already available. The second was that the survey work which had already begun in Gujarat would be restricted to confirmed list of Jat variants and on the basis of the results of the survey done by the ICSSR the NCBC will tender its, in a meeting of the Cabinet held on 19.12.2013, decision was taken to request NCBC to go ahead with first option i.e. to tender its advice based on existing material. The cabinet further took the decision that the cases of States of Bihar, Uttarakhand and NCT of Delhi be also included in the reference made to the NCBC.9. On the basis of the aforesaid decision of the cabinet communicated to the NCBC, the Commission took the view that as it did not have sufficient expertise in the matter, the ICSSR be requested to set up an Expert Committee to conduct an extensive literature survey on the subject in order to collect sufficient materials for the impending exercise. Thereafter, the NCBC forwarded all reports/documents received by it in this regard including representations for and against the inclusion of the Jat Community to the ICSSR. The expert body constituted by the ICSSR submitted its report (hereinafter referred to as the report of the ICSSR) in the matter which primarily was based on the reports of the various State Commissions submitted to the respective State Governments in connection with the inclusion of the Jat Community in the OBC list of the concerned States. The ICSSR, apparently, did not undertake any study of the other materials by way of books/literature/representations. The report of the ICSSR, noticeably, did not make any recommendations but only set out the existing facts. The said report of the ICSSR was, thereafter, discussed by the NCBC in several of its meetings. Simultaneously, the NCBC addressed letters to the State Governments for fixing public hearings in the respective State capitals. As there was no response from the States in this regard, the NCBC published notices for conducting public hearings fixing different dates for hearing the claims and counter-claims (objections). The public hearings were to be held in Siri Fort Auditorium, New Delhi on two sets of dates in February, 2014.10. On conclusion of the public hearings, which appear to have received what may at best be termed as a mixed response, the NCBC submitted its advice/opinion/report dated 26.02.2014 to the Central Government stating that the Jat Community had not fulfilled the criteria for inclusion in the Central List of OBCs. It observed that merely belonging to an agricultural community cannot confer backward status on the Jats. It suggested the need for a non-caste based identification of backward classes. The NCBC found that the Jats were not socially backward. They were also not educationally backward. It similarly rejected the claim of inadequate representation in public employment, finding them adequately represented in armed forces, government services and educational institutions.11. Thereafter, the Union Cabinet in a meeting held on 02.03.2014 decided that the advice tendered by the NCBC did not adequately take into account thehe Cabinet, therefore, resolved not to accept the said advice and instead to include the Jat Community in the Central List of Backward Classes for the States of Bihar, Gujarat, Haryana, Himachal Pradesh and NCT of Delhi, Bharatpur and Dholpur districts of Rajasthan, Uttar Pradesh and Uttarakhand. Thereafter, the impugned notification came to be issued on 04.03.2014.12. At this stage it may be relevant to notice the dates on which the Jat Community was included in the List of OBCs in the States in question which are set out9 State of Rajasthan(2) 10.03.2000 State of Uttar Pradesh(3) 31.05.2000 NCT of Delhi(4) 06.11.2000 State of Bihar(5) 24.01.2002 State of Madhya Pradesh(6) 16.11.2002 State of Himachal Pradesh(7) 22.03.2010 State of Uttarakhand(8) 24.01.2013 State of Haryana-AsSpecial OBC(9) Gujarat NotConstitutional and Statutory Provisions13. The relevant Constitutional and Statutory provisions in the light of which the issues arising will have to be determined may be taken note of at the outset:Article 15 of the Constitution prohibits discrimination on ground of religion, race, caste, sex or place of birth. Clause (4) of Article 15 provides thatin this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the ScheduledArticle 16 which provides for equality of opportunity in matters of public employment provides in Clause (4) thereof thate to the provisions of Article 38 and 46 of in Part IV of the Constitution may also be made. Article 38 of the Constitution enjoins a duty on the State to endeavour to promote the welfare of the people by securing and protecting as effectively as it may a social order by, inter alia, eliminating inequalities in status, facilities and opportunities not only amongst individuals but also amongst groups of people either residing in different areas or engaged in different vocations. Article 46 casts upon the State a duty to promote the educational and economic interests of the weaker sections of the population particularly of the Scheduled Castes and Scheduled Tribes and to protect such citizens from social injustice and exploitation. Article 340 of the Constitution envisages the creation of a Commission, inter alia, to investigate the conditions of the socially and educationally backward classes and the difficulties under which such classes labour; and to make recommendations as to the steps that should be taken to remove such difficulties and improve their conditions etc.15. The National Commission of Backward Classes Act, 1993 was enacted following the decision of this Court in Indra Sawhney & Ors. Vs. Union of India & Ors. (1992 Supp (3) SCC 217)which visualised the necessity of establishment of a permanent/specialised body to which complaints of non-inclusion or wrong inclusion of groups, classes and sections in the list of Other Backward Classes can be made from time to time. In this regard, the following part of the opinion of Justice Jeevan Reddy in Indra Sawhney case (supra) may be noticedare of the considered view that there ought to be a permanent body, in the nature of a Commission or Tribunal, to which complaints of wrong inclusion or non-inclusion of groups, classes and sections in the lists of Other Backward Classes can be made. Such body must be empowered to examine complaints of the said nature and pass appropriate orders. Its advice/opinion should ordinarily be binding upon the Government. Where, however, the Government does not agree with its recommendation, it must record its reasons therefore. Even if any new class/group is proposed to be included among the other backward classes, such matter must also be referred to the said body in the first instance and action taken on the basis of its recommendation. The body must be composed of experts in the field, both official and non-official, and must be vested with the necessary powers to make a proper and effective inquiry. It is equally desirable that each State constitutes such a body, which step would go a long way in redressing genuine grievances. Such a body can be created under Clause (4) of Article 16 itself – or under Article 16(4) read with Article 340 - as a concomitant of the power to identify and specify backward class of citizens, in whose favour reservations are to be provided. We direct that such a body be constituted both at Central level and at the level of the States within four months from today. They should become immediately operational and be in a position to entertain and examine forthwith complaints and matters of the nature aforementioned, if any, received. It should be open to the Government of India and the respective State Governments to devise the procedure to be followed by such body. The body or bodies so created can also be consulted in the matter of periodic revision of lists of6. The National Commission for Backward Classes Act, 1993 (for short) contain provisions for the constitution of the National Commission For Backward Classes (NCBC), its powers and functions and other allied matters. The salient features of the Act which will require to be specifically noticed may be set out hereunder.Section 2(a) and 2(c) provides asmeans such backward classes of citizens other than the Scheduled Castes and Scheduled Tribes as may be specified by the Central Government in the lists;2(c) –s lists prepared by the Government of India from time to time for purposes of making provision for the reservation of appointments or posts in favour of backward classes of citizens which, in the opinion of that Government, are not adequately represented in the services under the Government of India and any local or other authority within the territory of India or under the control of the Government of3 deals with constitution of NCBC. It provides that the NCBC shall consist of the following persons nominated by the Central Government.(a) A Chairperson, who is or has been a Judge of the Supreme Court or of a High Court;(b) A social scientist;(c) Two persons, who have special knowledge in matters relating to backward classes; and(d) A Member-Secretary, who is or has been an officer of the Central Government in the rank of a Secretary to the Government of India.Sections 9 and 11 of the Act read ass of the Commission(1) The Commission shall examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the Central Government as it deems appropriate.(2) The advice of the commission shall ordinarily be binding upon the Central Government.11. Periodic Revision of Lists by the Central Government(1) The Central Government may at any time, and shall, at the expiration of ten years from the coming into force of this Act and every succeeding period of ten years thereafter, undertake revision of the lists with a view to excluding from such lists those classes who have ceased to be backward classes or for including in such lists new backward classes.(2) The Central Government shall, while undertaking any revision referred to in subsection (1), consult the Commission.n 8 of the Act empowers the Commission to lay down its own procedure while Section 10 enumerates the powers of the Commission while performing its functions under Section 9(1) of the Act. There is no specific provision in the Act which empowers the Central Government to override the advice/recommendation of the Commission.t to several requests received from individuals, organisations and associations for inclusion of Jats in the Central List of Backward Classes for the States of Haryana, Rajasthan, Madhya Pradesh and Uttar Pradesh, the National Commission for Backward Classes (NCBC) studied their claims and submitted a report on 28.11.1997. It recommended inclusion in the Central List only of the Jats of Rajasthan, except the Bharatpur and Dhaulpur districts.3. The NCBC also examined the claim for inclusion of Jats in the Central List for the State of Delhi, and tendered its advice rejecting their claim on 25.11.2010.4. The significant developments that took place after submission of the aforesaid two reports may be relevant to be taken note of at this stage. On 03.05.2011 the National Commission for Backward Classes (Power to Review Advice) Rules, 2011 was notified by the Ministry of Social Justice and Empowerment. By virtue of the aforesaid Rules, the NCBC was empowered to review its advice tendered to the Central Government under Section 9(1) of the Act. Rule 4 of the Rules provides that theof Section 114 and Order 47 of the Code of Civil Procedure, 1908 shall mutatis mutandis apply to a review undertaken by the Commission.In a meeting of the NCBC held on 20.06.2011, a large number of representations received from the Jat Community for review of the earlier advice of the NCBC was taken up for consideration. It was decided that consideration of all such representations be deferred till finalisation of the Socioeconomic Caste Census (SCC) 2011 which was being conducted by the Registrar General of India all over the country for enumerating castewise population of the country. However, in a meeting held on 19.07.2011 the NCBC decided to approach the Indian Council of Social Science Research (ICSSR) to conduct a full-fledged survey in the States of Uttar Pradesh, Haryana, Madhya Pradesh, Rajasthan, Himachal Pradesh and Gujarat to ascertain the socio-economic status of the Jat Community. The said decision was prompted by the necessity to have adequate quantifiable data to enable the NCBC to consider the request of the Jat Community for inclusion in the Central List of Other Backward Classes in the concerned States.6. What happened to the survey entrusted to the ICSSR would not be very relevant except that in October 2012 the NCBC decided to reduce the comprehensive survey to a 2% sample survey which work, once again, was entrusted to the ICSSR.7. It appears that in the midst of the aforesaid exercise the office of the Prime Minister addressed a communication dated 04.06.2013 to the Ministry of Social Justice and Empowerment to the effect that a decision has been taken to constitute a Group of Ministers chaired by the Finance Minister and comprising, inter alia, of the Home Minister for the followingo interact with the representatives of the Jat Community with regard to their demand for inclusion and to keep them apprised of the progress in the matter.(ii) To monitor the expeditious completion of the survey undertaken by the NCBC through the ICSSR and to facilitate an early decision in the matter by the NCBC.e Group of Ministers in its meetings held on 28.10.2013 and 30.10.2013, upon consideration of the matter, perceived that two options were available to it. The first was to request the NCBC to reconsider its earlier decision of conducting the sample survey and to tender its advice on the basis of materials already available. The second was that the survey work which had already begun in Gujarat would be restricted to confirmed list of Jat variants and on the basis of the results of the survey done by the ICSSR the NCBC will tender its, in a meeting of the Cabinet held on 19.12.2013, decision was taken to request NCBC to go ahead with first option i.e. to tender its advice based on existing material. The cabinet further took the decision that the cases of States of Bihar, Uttarakhand and NCT of Delhi be also included in the reference made to the NCBC.9. On the basis of the aforesaid decision of the cabinet communicated to the NCBC, the Commission took the view that as it did not have sufficient expertise in the matter, the ICSSR be requested to set up an Expert Committee to conduct an extensive literature survey on the subject in order to collect sufficient materials for the impending exercise. Thereafter, the NCBC forwarded all reports/documents received by it in this regard including representations for and against the inclusion of the Jat Community to the ICSSR. The expert body constituted by the ICSSR submitted its report (hereinafter referred to as the report of the ICSSR) in the matter which primarily was based on the reports of the various State Commissions submitted to the respective State Governments in connection with the inclusion of the Jat Community in the OBC list of the concerned States. The ICSSR, apparently, did not undertake any study of the other materials by way of books/literature/representations. The report of the ICSSR, noticeably, did not make any recommendations but only set out the existing facts. The said report of the ICSSR was, thereafter, discussed by the NCBC in several of its meetings. Simultaneously, the NCBC addressed letters to the State Governments for fixing public hearings in the respective State capitals. As there was no response from the States in this regard, the NCBC published notices for conducting public hearings fixing different dates for hearing the claims and counter-claims (objections). The public hearings were to be held in Siri Fort Auditorium, New Delhi on two sets of dates in February, 2014.10. On conclusion of the public hearings, which appear to have received what may at best be termed as a mixed response, the NCBC submitted its advice/opinion/report dated 26.02.2014 to the Central Government stating that the Jat Community had not fulfilled the criteria for inclusion in the Central List of OBCs. It observed that merely belonging to an agricultural community cannot confer backward status on the Jats. It suggested the need for a non-caste based identification of backward classes. The NCBC found that the Jats were not socially backward. They were also not educationally backward. It similarly rejected the claim of inadequate representation in public employment, finding them adequately represented in armed forces, government services and educational institutions.11. Thereafter, the Union Cabinet in a meeting held on 02.03.2014 decided that the advice tendered by the NCBC did not adequately take into account thehe Cabinet, therefore, resolved not to accept the said advice and instead to include the Jat Community in the Central List of Backward Classes for the States of Bihar, Gujarat, Haryana, Himachal Pradesh and NCT of Delhi, Bharatpur and Dholpur districts of Rajasthan, Uttar Pradesh and Uttarakhand. Thereafter, the impugned notification came to be issued on 04.03.2014.12. At this stage it may be relevant to notice the dates on which the Jat Community was included in the List of OBCs in the States in question which are set out9 State of Rajasthan(2) 10.03.2000 State of Uttar Pradesh(3) 31.05.2000 NCT of Delhi(4) 06.11.2000 State of Bihar(5) 24.01.2002 State of Madhya Pradesh(6) 16.11.2002 State of Himachal Pradesh(7) 22.03.2010 State of Uttarakhand(8) 24.01.2013 State of Haryana-AsSpecial OBC(9) Gujarat NotConstitutional and Statutory Provisions13. The relevant Constitutional and Statutory provisions in the light of which the issues arising will have to be determined may be taken note of at the outset:Article 15 of the Constitution prohibits discrimination on ground of religion, race, caste, sex or place of birth. Clause (4) of Article 15 provides thatin this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the ScheduledArticle 16 which provides for equality of opportunity in matters of public employment provides in Clause (4) thereof thate to the provisions of Article 38 and 46 of in Part IV of the Constitution may also be made. Article 38 of the Constitution enjoins a duty on the State to endeavour to promote the welfare of the people by securing and protecting as effectively as it may a social order by, inter alia, eliminating inequalities in status, facilities and opportunities not only amongst individuals but also amongst groups of people either residing in different areas or engaged in different vocations. Article 46 casts upon the State a duty to promote the educational and economic interests of the weaker sections of the population particularly of the Scheduled Castes and Scheduled Tribes and to protect such citizens from social injustice and exploitation. Article 340 of the Constitution envisages the creation of a Commission, inter alia, to investigate the conditions of the socially and educationally backward classes and the difficulties under which such classes labour; and to make recommendations as to the steps that should be taken to remove such difficulties and improve their conditions etc.15. The National Commission of Backward Classes Act, 1993 was enacted following the decision of this Court in Indra Sawhney & Ors. Vs. Union of India & Ors. (1992 Supp (3) SCC 217)which visualised the necessity of establishment of a permanent/specialised body to which complaints of non-inclusion or wrong inclusion of groups, classes and sections in the list of Other Backward Classes can be made from time to time. In this regard, the following part of the opinion of Justice Jeevan Reddy in Indra Sawhney case (supra) may be noticedare of the considered view that there ought to be a permanent body, in the nature of a Commission or Tribunal, to which complaints of wrong inclusion or non-inclusion of groups, classes and sections in the lists of Other Backward Classes can be made. Such body must be empowered to examine complaints of the said nature and pass appropriate orders. Its advice/opinion should ordinarily be binding upon the Government. Where, however, the Government does not agree with its recommendation, it must record its reasons therefore. Even if any new class/group is proposed to be included among the other backward classes, such matter must also be referred to the said body in the first instance and action taken on the basis of its recommendation. The body must be composed of experts in the field, both official and non-official, and must be vested with the necessary powers to make a proper and effective inquiry. It is equally desirable that each State constitutes such a body, which step would go a long way in redressing genuine grievances. Such a body can be created under Clause (4) of Article 16 itself – or under Article 16(4) read with Article 340 - as a concomitant of the power to identify and specify backward class of citizens, in whose favour reservations are to be provided. We direct that such a body be constituted both at Central level and at the level of the States within four months from today. They should become immediately operational and be in a position to entertain and examine forthwith complaints and matters of the nature aforementioned, if any, received. It should be open to the Government of India and the respective State Governments to devise the procedure to be followed by such body. The body or bodies so created can also be consulted in the matter of periodic revision of lists of6. The National Commission for Backward Classes Act, 1993 (for short) contain provisions for the constitution of the National Commission For Backward Classes (NCBC), its powers and functions and other allied matters. The salient features of the Act which will require to be specifically noticed may be set out hereunder.Section 2(a) and 2(c) provides asmeans such backward classes of citizens other than the Scheduled Castes and Scheduled Tribes as may be specified by the Central Government in the lists;2(c) –s lists prepared by the Government of India from time to time for purposes of making provision for the reservation of appointments or posts in favour of backward classes of citizens which, in the opinion of that Government, are not adequately represented in the services under the Government of India and any local or other authority within the territory of India or under the control of the Government of3 deals with constitution of NCBC. It provides that the NCBC shall consist of the following persons nominated by the Central Government.(a) A Chairperson, who is or has been a Judge of the Supreme Court or of a High Court;(b) A social scientist;(c) Two persons, who have special knowledge in matters relating to backward classes; and(d) A Member-Secretary, who is or has been an officer of the Central Government in the rank of a Secretary to the Government of India.Sections 9 and 11 of the Act read ass of the Commission(1) The Commission shall examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the Central Government as it deems appropriate.(2) The advice of the commission shall ordinarily be binding upon the Central Government.11. Periodic Revision of Lists by the Central Government(1) The Central Government may at any time, and shall, at the expiration of ten years from the coming into force of this Act and every succeeding period of ten years thereafter, undertake revision of the lists with a view to excluding from such lists those classes who have ceased to be backward classes or for including in such lists new backward classes.(2) The Central Government shall, while undertaking any revision referred to in subsection (1), consult the Commission.n 8 of the Act empowers the Commission to lay down its own procedure while Section 10 enumerates the powers of the Commission while performing its functions under Section 9(1) of the Act. There is no specific provision in the Act which empowers the Central Government to override the advice/recommendation of the Commission.

Reasoning: 30. Apart from the aforesaid eight reports, fifty one representations in favour of inclusion of Jats in the Central Lists and fifty eight representations against such inclusion received by the NCBC were also forwarded to the ICSSR. On receipt of the report of ICSSR, the summary of which has been indicated above, the Commission on an extensive study of the same and on a further detailed examination of the eight specific reports which were referred to it by the Group of Ministers carried out a State-wise analysis of the aforesaid materials.The NCBC had evolved a set of guidelines, criteria, formats and parameters against which all claims for inclusion as an other backward class are required to be considered. The said parameters were evolved on the basis of the Mandal Commission Report and the judgment in Indra Sawhney. 11 indicators under three broad heads i.e. social, economic and educational, details of which are indicated below, were identified.Relative weight-age to each of the parameters under the aforesaid three broad heads is to be in the proportion of 3:2:1. The Justice K.C. Gupta Commission however followed 12 Social indicators, 7 Educational indicators and 5 Economic indicators. That apart, according to the Commission, backwardness that was required to be determined, is primarily social backwardness which, in turn, depended on how the other castes/classes perceived whether the Jats were socially backward or not. Justice K.C. Gupta Commission did not proceed in the matter from the aforesaid perspective. Further in its report the NCBC found that indicators like Infant Mortality Rate, Maternal Mortality Rate, Deliveries at Home etc. had been considered to determine social backwardness. Such data, according to the NCBC, are actually Public Health Statistics and are wholly irrelevant for determination of social backwardness.Insofar as education is concerned, though the literacy rate is high i.e. 85.7% as against 83.7% for the general population, the level of education is mainly high school and drop-out at school level is very high. The economic standard of the Jat community was, however, found to be relatively better. The employment in the government jobs, however, according to the report, was quite low. Only 2.4% Jats engaged in high-end services while 19.1% Jats are engaged in low-end services likeDTC drivers, teachers in primary school etc.The NCBC took into account that the claim of the Jats for inclusion in the State List of OBCs in Himachal Pradesh had been differently considered at different points of time by the State Commission itself. While the State Commission had rejected the said claim in the year 1999 and its recommendations had been accepted by the State Government in the year 2000, the Report of the State Commission prepared in October 2002 recommended inclusion of the Jats who, accordingly, came to be included in the State List. From the Report of the NCBC it appears that a public hearing was conducted by the Commission in Shimla on 17.08.2011 and on the basis of what had transpired and also upon consideration of the Report of the State Commission prepared in October 2002, the NCBC decided to keep the matter pending. No compulsive material, according to the NCBC, was laid before it in the course of the present exercise so as to enable a recommendation in favour of the Jats of Himachal Pradesh to be made by it.The NCBC in its report dated 28.11.1997 had recommended the inclusion of Jats (excluding Dholpur and Bharatpur districts) in the Central List of other backward classes. On the basis of the recommendation of the NCBC, the Government of India had issued a Notification dated 27.10.1999 to the above effect. Following the said Notification, the State Government had also issued a Notification including Jats in the State List of other backward classes (excluding the two districts). Thereafter, the State Commission recommended for the removal of the area restriction of the Jats in the two districts which was also accepted by the Government of Rajasthan and a Notification dated 10.01.2000 was issued. It appears that in the course of survey undertaken by ICSSR, the report of the State Commission for OBCs was not made available. In the absence of the said Report, a study sponsored by the State Government and conducted by the Institute of Development Studies, Jaipur, was considered. On the basis of the findings recorded by the ICSSR in its report, (earlier extracted), the Jats were found to be better off in regard to ownership of land though in respect of literacy rate and representation in Government service they were found to be marginally lower than Ahirs, Vishnois and Charans but better than rest of the OBCs. In the aforesaid backdrop the NCBC came to the conclusion that on the basis of the materials available as well as what had been revealed in the course of the the public hearings conducted on 10.02.2014 and 13.02.2014preponderance of evidence adduced by those speaking against the motion was much more than those speakingUnder these circumstances the NCBC did not find any reason to interfere with its earlier order issued on the subject.The State Backward Classes Commission of the State of Madhya Pradesh undertook a study of Jat Community in the districts of Dewas and Hoshangabad in the year 1994. The findings of the study had indicated that the Jats considered themselves equal to the Rajputs;political situation is veryand so is their social status. The State Commission therefore did not recommend the inclusion of the Jats in the State List of OBCs. The said recommendation was approved by the State Government on 21.12.1999. Thereafter, on account of the representations received by the State Commission, another study was conducted in January 2002 in a single district of the State i.e.district. Based on the aforesaid study, which the NCBC found to be cursory, the Jats came to be included in the State List. The aforesaid materials failed to convince the NCBC that it would be justified to include the Jats in the State of Madhya Pradesh in the Central List of Other Backward Classes.The Jat Hindus of 4 districts of Bihar and Jat Muslims in 5 districts are included in the State List of Other Backward Classes. In the report of the ICSSR it has been mentioned that the recommendation of the State Commission is based on information received through questionnaire (number not indicated) and not on the basis of any household survey. Considering the materials made available to it, the NCBC came to the conclusion that the recommendation of the State Commission was based on awithout any formal survey or study. Furthermore, according to the NCBC nothing was revealed in the course of the public hearings to justify the inclusion of Jats of Bihar in the Central List of Other Backward Classes.No separate report was prepared for Uttarakhand by the State Commission and the Jats in the State came to be included in the State List of OBCs merely because the State of Uttarakhand had accepted the list of OBCs in the State List of Uttar Pradesh. In the absence of an independent survey and information, the claims of the Jats of Uttarakhand for inclusion in the Central List had been negatived by the NCBC particularly when it had recommended that the claims of the Jats in the State of U.P. be rejected.The Jat Muslims were included in the Central List of OBCs way back in the year 1993 but the Jat Hindus had not been so included either in the State List or the Central List. The cases of Jat Hindus in Gujarat were considered by the NCBC in the year 2011 but in the absence of relevant information its decision was deferred till the report of the ICSSR is received. The said report of the ICSSR prepared on the basis of the literature survey mentions (as noted and extracted above) that there is lack of information on the parameters (social, educational and economic) specified by the NCBC. In these circumstances, the claim of the Jats in Gujarat was not recommended by the NCBC in its report dated 26.2.2014.The Jat Muslims were included in the Central List of OBCs way back in the year 1993 but the Jat Hindus had not been so included either in the State List or the Central List. The cases of Jat Hindus in Gujarat were considered by the NCBC in the year 2011 but in the absence of relevant information its decision was deferred till the report of the ICSSR is received. The said report of the ICSSR prepared on the basis of the literature survey mentions (as noted and extracted above) that there is lack of information on the parameters (social, educational and economic) specified by the NCBC. In these circumstances, the claim of the Jats in Gujarat was not recommended by the NCBC in its report dated 26.2.2014.In so far as Haryana is concerned, the test adopted appears to be educational backwardness. Similarly for the NCT of Delhi also, educational backwardness has been taken into account as the determining factor for inclusion of Jats along with the fact that the Jats are behind the Gujars who are already included in the Central Lists of OBCs. Similarly, in Uttar Pradesh and Uttarakhand, the test appears to be educational backwardness; same is the position with regard to Rajasthan. Though the States of M.P., Gujarat and Bihar have also been included in the Central Lists of OBCs by impugned notification, no apparent consideration of the cases of these States is reflected in the Minutes of the Cabinet Meeting dated 2nd March, 2014. Of course, the Cabinet is not expected to record the manner of its consideration of each of the States but when it is done so for some of the States, the absence of any mention of the other States would be a strong basis to conclude that the States that do not find any mention in the Minutes, in fact, did not receive the consideration of the Cabinet, at all.In so far as the contemporaneous report for the State of Haryana is concerned, the discussion that has preceded indicate adequate and good reasons for the view taken by the NCBC in respect of the said Report and not to accept the findings contained therein. The same would hardly require any further reiteration.For the various reasons indicated above, we cannot agree with the view taken by the Union Government that Jats in the 9 (nine) States in question is a backward community so as to be entitled to inclusion in the Central Lists of Other Backward Classes for the States concerned. The view taken by the NCBC to the contrary is adequately supported by good and acceptable reasons which furnished a sound and reasonable basis for further consequential action on the part of the Union Government. In the above situation we cannot hold the notification dated 4.3.2014 to be justified.Apart from the aforesaid eight reports, fifty one representations in favour of inclusion of Jats in the Central Lists and fifty eight representations against such inclusion received by the NCBC were also forwarded to the ICSSR. On receipt of the report of ICSSR, the summary of which has been indicated above, the Commission on an extensive study of the same and on a further detailed examination of the eight specific reports which were referred to it by the Group of Ministers carried out a State-wise analysis of the aforesaid materials.The NCBC had evolved a set of guidelines, criteria, formats and parameters against which all claims for inclusion as an other backward class are required to be considered. The said parameters were evolved on the basis of the Mandal Commission Report and the judgment in Indra Sawhney. 11 indicators under three broad heads i.e. social, economic and educational, details of which are indicated below, were identified.e weight-age to each of the parameters under the aforesaid three broad heads is to be in the proportion of 3:2:1. The Justice K.C. Gupta Commission however followed 12 Social indicators, 7 Educational indicators and 5 Economic indicators. That apart, according to the Commission, backwardness that was required to be determined, is primarily social backwardness which, in turn, depended on how the other castes/classes perceived whether the Jats were socially backward or not. Justice K.C. Gupta Commission did not proceed in the matter from the aforesaid perspective. Further in its report the NCBC found that indicators like Infant Mortality Rate, Maternal Mortality Rate, Deliveries at Home etc. had been considered to determine social backwardness. Such data, according to the NCBC, are actually Public Health Statistics and are wholly irrelevant for determination of social backwardness.r as education is concerned, though the literacy rate is high i.e. 85.7% as against 83.7% for the general population, the level of education is mainly high school and drop-out at school level is very high. The economic standard of the Jat community was, however, found to be relatively better. The employment in the government jobs, however, according to the report, was quite low. Only 2.4% Jats engaged in high-end services while 19.1% Jats are engaged in low-end services likeC drivers, teachers in primary school etc.The NCBC took into account that the claim of the Jats for inclusion in the State List of OBCs in Himachal Pradesh had been differently considered at different points of time by the State Commission itself. While the State Commission had rejected the said claim in the year 1999 and its recommendations had been accepted by the State Government in the year 2000, the Report of the State Commission prepared in October 2002 recommended inclusion of the Jats who, accordingly, came to be included in the State List. From the Report of the NCBC it appears that a public hearing was conducted by the Commission in Shimla on 17.08.2011 and on the basis of what had transpired and also upon consideration of the Report of the State Commission prepared in October 2002, the NCBC decided to keep the matter pending. No compulsive material, according to the NCBC, was laid before it in the course of the present exercise so as to enable a recommendation in favour of the Jats of Himachal Pradesh to be made by it.The NCBC in its report dated 28.11.1997 had recommended the inclusion of Jats (excluding Dholpur and Bharatpur districts) in the Central List of other backward classes. On the basis of the recommendation of the NCBC, the Government of India had issued a Notification dated 27.10.1999 to the above effect. Following the said Notification, the State Government had also issued a Notification including Jats in the State List of other backward classes (excluding the two districts). Thereafter, the State Commission recommended for the removal of the area restriction of the Jats in the two districts which was also accepted by the Government of Rajasthan and a Notification dated 10.01.2000 was issued. It appears that in the course of survey undertaken by ICSSR, the report of the State Commission for OBCs was not made available. In the absence of the said Report, a study sponsored by the State Government and conducted by the Institute of Development Studies, Jaipur, was considered. On the basis of the findings recorded by the ICSSR in its report, (earlier extracted), the Jats were found to be better off in regard to ownership of land though in respect of literacy rate and representation in Government service they were found to be marginally lower than Ahirs, Vishnois and Charans but better than rest of the OBCs. In the aforesaid backdrop the NCBC came to the conclusion that on the basis of the materials available as well as what had been revealed in the course of the the public hearings conducted on 10.02.2014 and 13.02.2014e of evidence adduced by those speaking against the motion was much more than those speakingr these circumstances the NCBC did not find any reason to interfere with its earlier order issued on the subject.The State Backward Classes Commission of the State of Madhya Pradesh undertook a study of Jat Community in the districts of Dewas and Hoshangabad in the year 1994. The findings of the study had indicated that the Jats considered themselves equal to the Rajputs;l situation is veryand so is their social status. The State Commission therefore did not recommend the inclusion of the Jats in the State List of OBCs. The said recommendation was approved by the State Government on 21.12.1999. Thereafter, on account of the representations received by the State Commission, another study was conducted in January 2002 in a single district of the State i.e.. Based on the aforesaid study, which the NCBC found to be cursory, the Jats came to be included in the State List. The aforesaid materials failed to convince the NCBC that it would be justified to include the Jats in the State of Madhya Pradesh in the Central List of Other Backward Classes.The Jat Hindus of 4 districts of Bihar and Jat Muslims in 5 districts are included in the State List of Other Backward Classes. In the report of the ICSSR it has been mentioned that the recommendation of the State Commission is based on information received through questionnaire (number not indicated) and not on the basis of any household survey. Considering the materials made available to it, the NCBC came to the conclusion that the recommendation of the State Commission was based on at any formal survey or study. Furthermore, according to the NCBC nothing was revealed in the course of the public hearings to justify the inclusion of Jats of Bihar in the Central List of Other Backward Classes.o separate report was prepared for Uttarakhand by the State Commission and the Jats in the State came to be included in the State List of OBCs merely because the State of Uttarakhand had accepted the list of OBCs in the State List of Uttar Pradesh. In the absence of an independent survey and information, the claims of the Jats of Uttarakhand for inclusion in the Central List had been negatived by the NCBC particularly when it had recommended that the claims of the Jats in the State of U.P. be rejected.The Jat Muslims were included in the Central List of OBCs way back in the year 1993 but the Jat Hindus had not been so included either in the State List or the Central List. The cases of Jat Hindus in Gujarat were considered by the NCBC in the year 2011 but in the absence of relevant information its decision was deferred till the report of the ICSSR is received. The said report of the ICSSR prepared on the basis of the literature survey mentions (as noted and extracted above) that there is lack of information on the parameters (social, educational and economic) specified by the NCBC. In these circumstances, the claim of the Jats in Gujarat was not recommended by the NCBC in its report dated 26.2.2014.The Jat Muslims were included in the Central List of OBCs way back in the year 1993 but the Jat Hindus had not been so included either in the State List or the Central List. The cases of Jat Hindus in Gujarat were considered by the NCBC in the year 2011 but in the absence of relevant information its decision was deferred till the report of the ICSSR is received. The said report of the ICSSR prepared on the basis of the literature survey mentions (as noted and extracted above) that there is lack of information on the parameters (social, educational and economic) specified by the NCBC. In these circumstances, the claim of the Jats in Gujarat was not recommended by the NCBC in its report dated 26.2.2014.In so far as Haryana is concerned, the test adopted appears to be educational backwardness. Similarly for the NCT of Delhi also, educational backwardness has been taken into account as the determining factor for inclusion of Jats along with the fact that the Jats are behind the Gujars who are already included in the Central Lists of OBCs. Similarly, in Uttar Pradesh and Uttarakhand, the test appears to be educational backwardness; same is the position with regard to Rajasthan. Though the States of M.P., Gujarat and Bihar have also been included in the Central Lists of OBCs by impugned notification, no apparent consideration of the cases of these States is reflected in the Minutes of the Cabinet Meeting dated 2nd March, 2014. Of course, the Cabinet is not expected to record the manner of its consideration of each of the States but when it is done so for some of the States, the absence of any mention of the other States would be a strong basis to conclude that the States that do not find any mention in the Minutes, in fact, did not receive the consideration of the Cabinet, at all.In so far as the contemporaneous report for the State of Haryana is concerned, the discussion that has preceded indicate adequate and good reasons for the view taken by the NCBC in respect of the said Report and not to accept the findings contained therein. The same would hardly require any further reiteration.r the various reasons indicated above, we cannot agree with the view taken by the Union Government that Jats in the 9 (nine) States in question is a backward community so as to be entitled to inclusion in the Central Lists of Other Backward Classes for the States concerned. The view taken by the NCBC to the contrary is adequately supported by good and acceptable reasons which furnished a sound and reasonable basis for further consequential action on the part of the Union Government. In the above situation we cannot hold the notification dated 4.3.2014 to be justified.Apart from the aforesaid eight reports, fifty one representations in favour of inclusion of Jats in the Central Lists and fifty eight representations against such inclusion received by the NCBC were also forwarded to the ICSSR. On receipt of the report of ICSSR, the summary of which has been indicated above, the Commission on an extensive study of the same and on a further detailed examination of the eight specific reports which were referred to it by the Group of Ministers carried out a State-wise analysis of the aforesaid materials.The NCBC had evolved a set of guidelines, criteria, formats and parameters against which all claims for inclusion as an other backward class are required to be considered. The said parameters were evolved on the basis of the Mandal Commission Report and the judgment in Indra Sawhney. 11 indicators under three broad heads i.e. social, economic and educational, details of which are indicated below, were identified.e weight-age to each of the parameters under the aforesaid three broad heads is to be in the proportion of 3:2:1. The Justice K.C. Gupta Commission however followed 12 Social indicators, 7 Educational indicators and 5 Economic indicators. That apart, according to the Commission, backwardness that was required to be determined, is primarily social backwardness which, in turn, depended on how the other castes/classes perceived whether the Jats were socially backward or not. Justice K.C. Gupta Commission did not proceed in the matter from the aforesaid perspective. Further in its report the NCBC found that indicators like Infant Mortality Rate, Maternal Mortality Rate, Deliveries at Home etc. had been considered to determine social backwardness. Such data, according to the NCBC, are actually Public Health Statistics and are wholly irrelevant for determination of social backwardness.r as education is concerned, though the literacy rate is high i.e. 85.7% as against 83.7% for the general population, the level of education is mainly high school and drop-out at school level is very high. The economic standard of the Jat community was, however, found to be relatively better. The employment in the government jobs, however, according to the report, was quite low. Only 2.4% Jats engaged in high-end services while 19.1% Jats are engaged in low-end services likeC drivers, teachers in primary school etc.The NCBC took into account that the claim of the Jats for inclusion in the State List of OBCs in Himachal Pradesh had been differently considered at different points of time by the State Commission itself. While the State Commission had rejected the said claim in the year 1999 and its recommendations had been accepted by the State Government in the year 2000, the Report of the State Commission prepared in October 2002 recommended inclusion of the Jats who, accordingly, came to be included in the State List. From the Report of the NCBC it appears that a public hearing was conducted by the Commission in Shimla on 17.08.2011 and on the basis of what had transpired and also upon consideration of the Report of the State Commission prepared in October 2002, the NCBC decided to keep the matter pending. No compulsive material, according to the NCBC, was laid before it in the course of the present exercise so as to enable a recommendation in favour of the Jats of Himachal Pradesh to be made by it.The NCBC in its report dated 28.11.1997 had recommended the inclusion of Jats (excluding Dholpur and Bharatpur districts) in the Central List of other backward classes. On the basis of the recommendation of the NCBC, the Government of India had issued a Notification dated 27.10.1999 to the above effect. Following the said Notification, the State Government had also issued a Notification including Jats in the State List of other backward classes (excluding the two districts). Thereafter, the State Commission recommended for the removal of the area restriction of the Jats in the two districts which was also accepted by the Government of Rajasthan and a Notification dated 10.01.2000 was issued. It appears that in the course of survey undertaken by ICSSR, the report of the State Commission for OBCs was not made available. In the absence of the said Report, a study sponsored by the State Government and conducted by the Institute of Development Studies, Jaipur, was considered. On the basis of the findings recorded by the ICSSR in its report, (earlier extracted), the Jats were found to be better off in regard to ownership of land though in respect of literacy rate and representation in Government service they were found to be marginally lower than Ahirs, Vishnois and Charans but better than rest of the OBCs. In the aforesaid backdrop the NCBC came to the conclusion that on the basis of the materials available as well as what had been revealed in the course of the the public hearings conducted on 10.02.2014 and 13.02.2014e of evidence adduced by those speaking against the motion was much more than those speakingr these circumstances the NCBC did not find any reason to interfere with its earlier order issued on the subject.The State Backward Classes Commission of the State of Madhya Pradesh undertook a study of Jat Community in the districts of Dewas and Hoshangabad in the year 1994. The findings of the study had indicated that the Jats considered themselves equal to the Rajputs;l situation is veryand so is their social status. The State Commission therefore did not recommend the inclusion of the Jats in the State List of OBCs. The said recommendation was approved by the State Government on 21.12.1999. Thereafter, on account of the representations received by the State Commission, another study was conducted in January 2002 in a single district of the State i.e.. Based on the aforesaid study, which the NCBC found to be cursory, the Jats came to be included in the State List. The aforesaid materials failed to convince the NCBC that it would be justified to include the Jats in the State of Madhya Pradesh in the Central List of Other Backward Classes.The Jat Hindus of 4 districts of Bihar and Jat Muslims in 5 districts are included in the State List of Other Backward Classes. In the report of the ICSSR it has been mentioned that the recommendation of the State Commission is based on information received through questionnaire (number not indicated) and not on the basis of any household survey. Considering the materials made available to it, the NCBC came to the conclusion that the recommendation of the State Commission was based on at any formal survey or study. Furthermore, according to the NCBC nothing was revealed in the course of the public hearings to justify the inclusion of Jats of Bihar in the Central List of Other Backward Classes.o separate report was prepared for Uttarakhand by the State Commission and the Jats in the State came to be included in the State List of OBCs merely because the State of Uttarakhand had accepted the list of OBCs in the State List of Uttar Pradesh. In the absence of an independent survey and information, the claims of the Jats of Uttarakhand for inclusion in the Central List had been negatived by the NCBC particularly when it had recommended that the claims of the Jats in the State of U.P. be rejected.The Jat Muslims were included in the Central List of OBCs way back in the year 1993 but the Jat Hindus had not been so included either in the State List or the Central List. The cases of Jat Hindus in Gujarat were considered by the NCBC in the year 2011 but in the absence of relevant information its decision was deferred till the report of the ICSSR is received. The said report of the ICSSR prepared on the basis of the literature survey mentions (as noted and extracted above) that there is lack of information on the parameters (social, educational and economic) specified by the NCBC. In these circumstances, the claim of the Jats in Gujarat was not recommended by the NCBC in its report dated 26.2.2014.The Jat Muslims were included in the Central List of OBCs way back in the year 1993 but the Jat Hindus had not been so included either in the State List or the Central List. The cases of Jat Hindus in Gujarat were considered by the NCBC in the year 2011 but in the absence of relevant information its decision was deferred till the report of the ICSSR is received. The said report of the ICSSR prepared on the basis of the literature survey mentions (as noted and extracted above) that there is lack of information on the parameters (social, educational and economic) specified by the NCBC. In these circumstances, the claim of the Jats in Gujarat was not recommended by the NCBC in its report dated 26.2.2014.In so far as Haryana is concerned, the test adopted appears to be educational backwardness. Similarly for the NCT of Delhi also, educational backwardness has been taken into account as the determining factor for inclusion of Jats along with the fact that the Jats are behind the Gujars who are already included in the Central Lists of OBCs. Similarly, in Uttar Pradesh and Uttarakhand, the test appears to be educational backwardness; same is the position with regard to Rajasthan. Though the States of M.P., Gujarat and Bihar have also been included in the Central Lists of OBCs by impugned notification, no apparent consideration of the cases of these States is reflected in the Minutes of the Cabinet Meeting dated 2nd March, 2014. Of course, the Cabinet is not expected to record the manner of its consideration of each of the States but when it is done so for some of the States, the absence of any mention of the other States would be a strong basis to conclude that the States that do not find any mention in the Minutes, in fact, did not receive the consideration of the Cabinet, at all.In so far as the contemporaneous report for the State of Haryana is concerned, the discussion that has preceded indicate adequate and good reasons for the view taken by the NCBC in respect of the said Report and not to accept the findings contained therein. The same would hardly require any further reiteration.r the various reasons indicated above, we cannot agree with the view taken by the Union Government that Jats in the 9 (nine) States in question is a backward community so as to be entitled to inclusion in the Central Lists of Other Backward Classes for the States concerned. The view taken by the NCBC to the contrary is adequately supported by good and acceptable reasons which furnished a sound and reasonable basis for further consequential action on the part of the Union Government. In the above situation we cannot hold the notification dated 4.3.2014 to be justified.Apart from the aforesaid eight reports, fifty one representations in favour of inclusion of Jats in the Central Lists and fifty eight representations against such inclusion received by the NCBC were also forwarded to the ICSSR. On receipt of the report of ICSSR, the summary of which has been indicated above, the Commission on an extensive study of the same and on a further detailed examination of the eight specific reports which were referred to it by the Group of Ministers carried out a State-wise analysis of the aforesaid materials.The NCBC had evolved a set of guidelines, criteria, formats and parameters against which all claims for inclusion as an other backward class are required to be considered. The said parameters were evolved on the basis of the Mandal Commission Report and the judgment in Indra Sawhney. 11 indicators under three broad heads i.e. social, economic and educational, details of which are indicated below, were identified.e weight-age to each of the parameters under the aforesaid three broad heads is to be in the proportion of 3:2:1. The Justice K.C. Gupta Commission however followed 12 Social indicators, 7 Educational indicators and 5 Economic indicators. That apart, according to the Commission, backwardness that was required to be determined, is primarily social backwardness which, in turn, depended on how the other castes/classes perceived whether the Jats were socially backward or not. Justice K.C. Gupta Commission did not proceed in the matter from the aforesaid perspective. Further in its report the NCBC found that indicators like Infant Mortality Rate, Maternal Mortality Rate, Deliveries at Home etc. had been considered to determine social backwardness. Such data, according to the NCBC, are actually Public Health Statistics and are wholly irrelevant for determination of social backwardness.r as education is concerned, though the literacy rate is high i.e. 85.7% as against 83.7% for the general population, the level of education is mainly high school and drop-out at school level is very high. The economic standard of the Jat community was, however, found to be relatively better. The employment in the government jobs, however, according to the report, was quite low. Only 2.4% Jats engaged in high-end services while 19.1% Jats are engaged in low-end services likeC drivers, teachers in primary school etc.The NCBC took into account that the claim of the Jats for inclusion in the State List of OBCs in Himachal Pradesh had been differently considered at different points of time by the State Commission itself. While the State Commission had rejected the said claim in the year 1999 and its recommendations had been accepted by the State Government in the year 2000, the Report of the State Commission prepared in October 2002 recommended inclusion of the Jats who, accordingly, came to be included in the State List. From the Report of the NCBC it appears that a public hearing was conducted by the Commission in Shimla on 17.08.2011 and on the basis of what had transpired and also upon consideration of the Report of the State Commission prepared in October 2002, the NCBC decided to keep the matter pending. No compulsive material, according to the NCBC, was laid before it in the course of the present exercise so as to enable a recommendation in favour of the Jats of Himachal Pradesh to be made by it.The NCBC in its report dated 28.11.1997 had recommended the inclusion of Jats (excluding Dholpur and Bharatpur districts) in the Central List of other backward classes. On the basis of the recommendation of the NCBC, the Government of India had issued a Notification dated 27.10.1999 to the above effect. Following the said Notification, the State Government had also issued a Notification including Jats in the State List of other backward classes (excluding the two districts). Thereafter, the State Commission recommended for the removal of the area restriction of the Jats in the two districts which was also accepted by the Government of Rajasthan and a Notification dated 10.01.2000 was issued. It appears that in the course of survey undertaken by ICSSR, the report of the State Commission for OBCs was not made available. In the absence of the said Report, a study sponsored by the State Government and conducted by the Institute of Development Studies, Jaipur, was considered. On the basis of the findings recorded by the ICSSR in its report, (earlier extracted), the Jats were found to be better off in regard to ownership of land though in respect of literacy rate and representation in Government service they were found to be marginally lower than Ahirs, Vishnois and Charans but better than rest of the OBCs. In the aforesaid backdrop the NCBC came to the conclusion that on the basis of the materials available as well as what had been revealed in the course of the the public hearings conducted on 10.02.2014 and 13.02.2014e of evidence adduced by those speaking against the motion was much more than those speakingr these circumstances the NCBC did not find any reason to interfere with its earlier order issued on the subject.The State Backward Classes Commission of the State of Madhya Pradesh undertook a study of Jat Community in the districts of Dewas and Hoshangabad in the year 1994. The findings of the study had indicated that the Jats considered themselves equal to the Rajputs;l situation is veryand so is their social status. The State Commission therefore did not recommend the inclusion of the Jats in the State List of OBCs. The said recommendation was approved by the State Government on 21.12.1999. Thereafter, on account of the representations received by the State Commission, another study was conducted in January 2002 in a single district of the State i.e.. Based on the aforesaid study, which the NCBC found to be cursory, the Jats came to be included in the State List. The aforesaid materials failed to convince the NCBC that it would be justified to include the Jats in the State of Madhya Pradesh in the Central List of Other Backward Classes.The Jat Hindus of 4 districts of Bihar and Jat Muslims in 5 districts are included in the State List of Other Backward Classes. In the report of the ICSSR it has been mentioned that the recommendation of the State Commission is based on information received through questionnaire (number not indicated) and not on the basis of any household survey. Considering the materials made available to it, the NCBC came to the conclusion that the recommendation of the State Commission was based on at any formal survey or study. Furthermore, according to the NCBC nothing was revealed in the course of the public hearings to justify the inclusion of Jats of Bihar in the Central List of Other Backward Classes.o separate report was prepared for Uttarakhand by the State Commission and the Jats in the State came to be included in the State List of OBCs merely because the State of Uttarakhand had accepted the list of OBCs in the State List of Uttar Pradesh. In the absence of an independent survey and information, the claims of the Jats of Uttarakhand for inclusion in the Central List had been negatived by the NCBC particularly when it had recommended that the claims of the Jats in the State of U.P. be rejected.The Jat Muslims were included in the Central List of OBCs way back in the year 1993 but the Jat Hindus had not been so included either in the State List or the Central List. The cases of Jat Hindus in Gujarat were considered by the NCBC in the year 2011 but in the absence of relevant information its decision was deferred till the report of the ICSSR is received. The said report of the ICSSR prepared on the basis of the literature survey mentions (as noted and extracted above) that there is lack of information on the parameters (social, educational and economic) specified by the NCBC. In these circumstances, the claim of the Jats in Gujarat was not recommended by the NCBC in its report dated 26.2.2014.The Jat Muslims were included in the Central List of OBCs way back in the year 1993 but the Jat Hindus had not been so included either in the State List or the Central List. The cases of Jat Hindus in Gujarat were considered by the NCBC in the year 2011 but in the absence of relevant information its decision was deferred till the report of the ICSSR is received. The said report of the ICSSR prepared on the basis of the literature survey mentions (as noted and extracted above) that there is lack of information on the parameters (social, educational and economic) specified by the NCBC. In these circumstances, the claim of the Jats in Gujarat was not recommended by the NCBC in its report dated 26.2.2014.In so far as Haryana is concerned, the test adopted appears to be educational backwardness. Similarly for the NCT of Delhi also, educational backwardness has been taken into account as the determining factor for inclusion of Jats along with the fact that the Jats are behind the Gujars who are already included in the Central Lists of OBCs. Similarly, in Uttar Pradesh and Uttarakhand, the test appears to be educational backwardness; same is the position with regard to Rajasthan. Though the States of M.P., Gujarat and Bihar have also been included in the Central Lists of OBCs by impugned notification, no apparent consideration of the cases of these States is reflected in the Minutes of the Cabinet Meeting dated 2nd March, 2014. Of course, the Cabinet is not expected to record the manner of its consideration of each of the States but when it is done so for some of the States, the absence of any mention of the other States would be a strong basis to conclude that the States that do not find any mention in the Minutes, in fact, did not receive the consideration of the Cabinet, at all.In so far as the contemporaneous report for the State of Haryana is concerned, the discussion that has preceded indicate adequate and good reasons for the view taken by the NCBC in respect of the said Report and not to accept the findings contained therein. The same would hardly require any further reiteration.r the various reasons indicated above, we cannot agree with the view taken by the Union Government that Jats in the 9 (nine) States in question is a backward community so as to be entitled to inclusion in the Central Lists of Other Backward Classes for the States concerned. The view taken by the NCBC to the contrary is adequately supported by good and acceptable reasons which furnished a sound and reasonable basis for further consequential action on the part of the Union Government. In the above situation we cannot hold the notification dated 4.3.2014 to be justified.