Rajasthan HC questions OBC seats freeze despite 41 Zila Pramukh posts
Synopsis
Key Takeaways
The Rajasthan High Court on 3 September issued notices to the state government seeking its response on a petition challenging the stagnant number of Other Backward Classes (OBC)-reserved seats for Zila Pramukh posts ahead of the upcoming Panchayati Raj elections. The court has questioned why OBC representation was not recalculated proportionately after the total number of Zila Pramukh posts rose from 33 to 41.
What the Court Observed
A bench headed by Justice Anoop Dhand noted that only five of the then-33 Zila Pramukh posts were reserved for OBC candidates in 2020. Following district reorganisation and the creation of new districts, the total posts increased to 41 — yet the number of OBC-reserved seats remained at five, unchanged. The court sought an explanation from the government as to why OBC representation had not been scaled up in proportion to the expanded total.
The Petition and Its Arguments
The petition was filed by Radheram Godara, represented by counsels Arvind Sharma and Anand Sharma. The petitioners argued that the increase in total posts should have triggered a fresh calculation of OBC reservation under applicable rules, while keeping the overall quantum within the 50 per cent constitutional ceiling established by the Supreme Court.
They contended that 18 per cent OBC reservation was applied in 2020, and that on the basis of their calculation, the number of OBC-reserved Zila Pramukh posts should rise to seven out of 41 — up from the current five. The petitioners have also questioned the basis for what they describe as an approximately 16 per cent OBC reservation figure being applied now.
OBC Commission Report Under Scrutiny
The petition raises an additional concern regarding the report of the OBC Commission. According to the petitioners, the government has not made the Commission's report public. They have also referred to media reports suggesting that the government itself does not fully stand behind the report's accuracy. The High Court has taken note of these claims without ruling on their merits at this stage.
What Happens Next
The court directed the petitioner's counsel to provide a copy of the petition to the Additional Advocate General and the Government Advocate representing the Panchayati Raj Department. The matter has been listed for the next hearing on 8 September. The High Court has not yet ruled on the substance of the petition and will proceed only after the state government files its response.
This comes amid broader national debates over OBC representation in local governance bodies, with several states facing judicial scrutiny over reservation calculations in Panchayati Raj institutions.