Punjab and Haryana High Court (HC) put a stay on Thursday on the Haryana government’s decision to give 10% reservation to the Jats and five other communities.
The order came in response to a public interest litigation (PIL) filed by Bhiwani resident Murari Lal Gupta, who had argued that the government’s decision was contrary to the basic structure of the Constitution.
The argument said when the Supreme Court mentioned that Jats could not be treated as backward, then the state legislature had no right to pass the act.
The schedule-III of the Haryana Backward Classes (Reservation in Services and Admissions in Educational Institutions) Act, 2016, provides for 10% reservation in government jobs for Class III and IV posts and 6% reservation in Class I and II posts to the Jat, Jat Sikhs, Ror, Bishnoi, Tyagi, Mulla Jat or Muslim Jat by creating a new category BC (C).
The existing 27% reservation for backward classes (16% for BC (A) and 11% of BC (B)) has also been brought under the ambit of the new law.
It had been argued that the act was in violation of distribution of powers of judiciary and the legislative. A unilateral decision had been taken by the legislature nullifying the judgment of SC, which is constitutionally impermissible. Act had been enacted on the basis of same justice KC Gupta Commission report, which was rejected by Supreme Court, petitioner’s lawyer, Mukesh Kumar Verma said.
The quota Bill was passed by the state assembly on March 29 and assented to by the governor on April 1.
However, it was not notified by the state government as it was expected to be challenged in a court of law as soon as it was notified. In the meantime, the state government notified the Haryana Backward Classes Commission Act, 2016 to set up a permanent statutory mechanism for examining requests of inclusion and complaints of over-exclusion and under-inclusion of backward classes.