Ram Singh & Ors vs Uoi

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.

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.

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 out herein:

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. Thereafter it came to specific findings in respect of each of the States, summary of which findings, is indicated below :

32. 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.

31. The Justice Gurnam Singh Commission Report being of the year 1990 and having been earlier considered at the time of submission of the report of the NCBC on 28.11.1997, was not considered appropriate for being considered once again.

(xi) Castes/Classes where the number of households having taken consumption loan is at least 25% above the State average.

Uttarakhand

Gujarat

Our Conclusions

48. Certain other issues arising may be conveniently considered at this stage.

49. The backwardness contemplated by Article 16(4) is social backwardness. This is implicit in the judgment in Indra Sawhney (supra), as will be noticed in a later part of the present order. Educational and economic backwardness may contribute to social backwardness. But social backwardness is a distinct concept having its own connotations. The extracts of the Minutes of the Meeting of the Cabinet held on 2nd March, 2014 which had preceded the impugned notification dated 4th March, 2014 tends to overlook the fact that crucial test for determination of the entitlement of the Jats to be included in the Central Lists is social backwardness. This would be evident from Para 3 of the Minutes of the Cabinet Meeting dated 2nd March, 2014 which is extracted below :

55. 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. Accordingly the aforesaid notification bearing No. 63 dated 4.3.2014 including the Jats in the Central List of Other Backward Classes for the States of Bihar, Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, NCT of Delhi, Bharatpur and Dholpur Districts of Rajasthan, Uttar Pradesh and Uttarakhand is set aside and quashed. The writ petitions are accordingly allowed.