Haryana-based Kumhar Maha Sabha moved the Supreme Court seeking direction to the central government to undertake revision of the list of the backward classes so that the benefits of OBC reservation could percolate to the most deprived and deserving sections of people at the lower rung.
Seeking direction to the government to urgently undertake the revision of the list as mandated under the law, the Hissar-based Kumhar Maha Sabha and Bhiwani-based Nirmal Parkash said that provision of the National Commission for Backward Classes Act, 1993 mandates such a revision.
The PIL says that in the absence of such a revision as mandated under the law, the section of backward classes that had got the benefits of OBC reservation continues to perpetuate it at the cost of the most backward classes and the new entrants who are most deprived and deserve the benefits of reservation.
“This causes gross injustice and heart-burning (amongst the deprived sections), also leading to violation of (their) fundamental right to equality,” it said.
Section 11 of the 1993 act says: “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.”
It further says that “The Central Government shall, while undertaking any revision referred to in sub-section (1), consult the Commission (National Commission for Backward Classes).
The petitioner organisation said that first such revision was to take place in 2003 and other in 2013 but neither had taken place.
Referring to the documents received under RTI, the organisation says that the National Commission for Backward Classes had written to the central government to undertake the revision, and while the government is considering such a step for quite some time, however, no such “periodic revision has been conducted so far”.
Seeking direction for an urgent revision of the list of backward classes, the PIL charged both the central government and the National Commission for Backward Classes with failing to discharge their statutory obligation by undertaking the revision.