Cuttack, Dec. 18: Odisha government has suffered a setback as the State Administrative Tribunal has struck down the Orissa Reservation of Posts and Services (For Socially and Educationally Backward Classes) Act, 2008. The judgement was delivered yesterday.

In 2008, the Odisha government enacted the Act, fixing the quota for socially and educationally backward classes in government jobs at 27 per cent. The Act came into force by way of a gazette notification, which was issued on February 7, 2009.

Reservation of 27 per cent jobs for SEBC increased the total reservation to 65.75 per cent in government jobs in the state as 16.25 per cent and 22.5 per cent had already been earmarked for SC and ST according to the Orissa Reservation of Vacancies in Posts and Service (For Scheduled Castes and Scheduled Tribes) Act, 1975. Supreme Court had fixed 50 per cent limit for total reservation.

The state government had implemented the Act before it was included in the 9th schedule of the Constitution of India. “We are of the view that the February 7, 2009, notification of the Act is not sustainable in the eye of law. Hence, it is quashed,” the tribunal ruled.

The Odisha Public Service Commission (OPSC) had issued an advertisement on December 13, 2012, inviting applications for 811 posts of assistant section officer in the secretariat and Raj Bhavan. Only 191 posts were left unreserved.

Amar Chatoi, an aspirant for the post challenged the legality of the Orissa Reservation of Posts and Services (For Socially and Educationally Backward Classes) Act, 2008, on the basis of the advertisement issued by the OPSC.

“While disposing of the petition, the SAT bench constituting of chairman Nityananda Prusty and administrative member S.N. Das quashed the Act and directed the OPSC to modify the advertisement to the extent that reservation of posts shall not exceed the ceiling limit of 50 per cent in total in respect of scheduled castes, scheduled tribes and SEBC,” said petitioner counsel Prahallad Kumar Sinha.