In their reply submitted
before a division bench of Chief Justice R Subhash Reddy and Justice V M
Pancholi, the petitioners refused to accept the government's claim that ten per
cent EWS quota is just a classification and not a reservation.
In the reply, the
petitioners said that the ordinance would lead to classification among socially
and educationally advanced classes.
"The classification
has divided the socially and educationally advanced classes into two classes on
the basis of income criterion, which is against the spirit of the
Constitution," it said.
It further said that the
government has not applied its mind in devising the ordinance and making it
applicable in technical faculty, such as engineering, as a large number of
seats remain vacant every year in Gujarat.
"The question of
providing reservation does not arise if there is lesser number of candidates
than the seats available. The reservation is needed when the competition are
held on lesser number of seats available," it said.
It is further submitted
that "granting benefit of reservation on the basis of income, merit is
sacrificed at the cost of public interest; It overlooks the interest and rights
conferred by the Constitution under Articles 14,15 and 16"stated the
reply.
“Challenging the
government's claim that 10 per cent EWS quota is just a classification and not
reservation, the petitioners said that "it is erroneous to suggest that
there is no reservation...It is a reservation for them as indicated in the
ordinance".
