BACKWARD CLASSES WELFARE DEPARTMENT - Guidelines for implementation of 10% Reservation to the Economically Weaker Sections for admissions into Educational Institutions for the academic year 2019-20 – Orders
O R D E R:
The Government of India, in the reference 1st read above, has brought out
the Constitution (One Hundred and Third Amendment) Act, 2019 inserting Clauses
15 (6) and 16 (6) in the Constitution providing for 10% reservation in admissions
into Educational Institutions and appointments to posts in favour of Economically
Weaker Sections of citizens other than the Scheduled Castes, the Scheduled Tribes
and the Socially and Educationally Backward Classes.
2. In pursuance of the Constitution (One Hundred and Third Amendment) Act,
2019, the Government of India have, in the reference 2nd read above, prescribed
the eligibility criteria to get the benefit of 10% reservation in admissions into
Educational Institutions and appointments to posts provided in favour of
Economically Weaker Sections of citizens other than the Scheduled Castes, the
Scheduled Tribes and the Socially and Educationally Backward Classes among others
which are as follows:
1) The persons who are not covered under existing scheme of
reservations for the Scheduled Castes, the Scheduled Tribes and the Socially
and Educationally Backward Classes and whose gross annual family income is
below Rs.8.00 lakh are to be identified as EWS for the benefit of reservation.
2) The persons whose family owns or possesses any of the following
assets shall be excluded from being identified as EWS for the benefit of
reservation, irrespective of the family income.
i. Five (5) Acres of agricultural land and above.
ii. Residential flat of 1000 Sq. Ft. and above.
iii. Residential plot of 100 Sq. Yards and above in notified
Municipalities / Corporations.
iv. Residential plot of 200 Sq. Yards and above in areas
other than notified Municipalities / Corporations.
The property held by a “Family” in different locations or different places/cities
would be clubbed while applying the land or property holding test to determine EWS
status.
The term “Family” for this purpose will include the person who seeks benefit
of reservation, his/her parents and siblings below the age of 18 years as also his/her
spouse and children below the age of 18 years.
3. After passing of the Constitution (One Hundred and Third Amendment) Act,
2019, the Government of Andhra Pradesh have bifurcated the 10% reservation and
brought out two Acts, namely, Act No.14 of 2019, Dated.20.02.2019 and Act No.15
of 2019, Dated.20.02.2019, providing for 5% reservation to Economically Weaker
Sections among Kapus and 5% reservation to Economically Weaker Sections among
other than Kapus respectively, towards admissions into Educational Institutions and
appointments to posts in the Public Services under the State. There shall be 1/3rd
horizontal reservation for women within in the reservation provided both to Kapus
and other than Kapus.
4. In the reference 4th read above, the Government have issued orders bringing
the provisions of the Act 14 of 2019 and Act 15 of 2019 into force with effect
from 08.03.2019.
5. In the reference 5th read above, Government have constituted a Committee
for formulation of draft guidelines for implementation of 5% reservation provided to
Economically Weaker Sections among Kapus and 5% reservation provided to
Economically Weaker Sections other than Kapus.
6. Meanwhile, a Writ Petition bearing No. WP (CIVIL) No. 343 OF 2019 with
I.A.NO. 45038/2019 has been filed before the Hon’ble Supreme Court of India
praying for quashing the Constitution (One Hundred and Third Amendment) Act,
2019 as violative of basic structure of the Constitution and also quashing Act 14 &
Act 15 of 2019 enacted by Government of Andhra Pradesh as being violative of
Articles 15 (1) & 16 (2) of the Constitution.
7. In the reference 7th & 8th read above, two Writ Petitions have been filed
before the Hon’ble High Court of Andhra Pradesh praying for issuing an appropriate
Writ or Order or direction more particularly one in the nature of Writ of Mandamus
to the respondents to notify the Rules for implementing the 10% reservation
provided to Economically Weaker Sections among Kapus and other than Kapus in
Act No.14 of 2019 and Act No.15 of 2019 enacted by the State of Andhra Pradesh.
8. In the reference 9th read above, one more Writ Petition has been filed before
the Hon’ble High Court of Andhra Pradesh praying for issuing an appropriate Writ or
Order or direction more particularly one in the nature of Writ of Mandamus declaring
Act No.14 of 2019 and Act No.15 of 2019 as ultra vires and un-constitutional,
violative of the purport of the 103rd Constitutional
Amendment Act, 2019 and
violative of Article 15 of the Constitution of India and consequently, Act No.14 of
2019 and Act No.15 of 2019, have to be struck down. The Hon’ble High Court of
Andhra Pradesh passed the following interim orders in this case;
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