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Rajasthan HC Issues Notices on Plea for 9% Sub-Quota for Bhils Within ST Reservation

Rajasthan High Court has sought responses from the state and central authorities on a plea seeking 9% reservation for the Bhil community within the 12% ST quota.

The Rajasthan High Court has issued notices to the state government and other authorities on a petition seeking a 9 per cent sub-quota for the Bhil community carved out of the existing 12 per cent reservation for Scheduled Tribes in the state. The petitioners have also asked the court to stay appointments made under the ST category until the matter is decided.

A division bench of Justices Inderjeet Singh and Sandeep Taneja issued the notices to the Chief Secretary, the Principal Secretary (Personnel), the National Commission for Scheduled Tribes and the Central Government while hearing the plea filed by Shankar Lal Dahiya and others.

Advocate Manoj Chaudhary, appearing for the petitioners, told the court that they are associated with the Adivasi Bhil Reservation Struggle Committee.

The petition argues that the state does not gather adequate data on the social, economic and educational backwardness of the different communities grouped within the ST category before deciding on reservation benefits. On this basis, the petitioners claim that the Meena community has secured a major share of ST reservation benefits, while the Bhil community has not received adequate representation.

They have accordingly sought sub-classification within the ST quota, with 9 per cent of the 12 per cent earmarked for the Bhil community.

The petition points to a communication from the National Commission for Scheduled Tribes to the state's Chief Secretary on February 25, written under Article 338A of the Constitution, which called for sub-classification within the ST category and for implementation of the Supreme Court's judgment in State of Punjab vs. Davinder Singh. The petitioners contend that no such sub-classification has been carried out in Rajasthan so far.

The plea also submits that no comprehensive survey of the Bhil community's representation in state government services, or of its educational and economic status, has been conducted for a long period. Concerns about the community's socio-economic condition and its access to government welfare schemes were also placed before the court.

The bench has sought responses from the concerned parties.