The Punjab and Haryana High Court, while directing the Haryana government to place on record the data collected to come to a conclusion for extending reservation to Jats and five other communities, questioned the urgency to pass the Haryana Backward Classes (Reservation in Service and admission in Educational Institution) Act, 2016, before constitution of the Haryana Backward Class Commission.
The Haryana Assembly had on March 29 passed the Haryana Backward Classes (Reservation in Service and Admission in Educational Institution) Act, 2016. The Haryana Backward Class Commission was constituted on May 6.
The High Court had on May 26 imposed a stay on the Haryana government’s decision to grant 10 per cent reservation in jobs and educational institutions to Jats, Jat Sikhs, Ror, Bishnoi, Tyagi, Mulla Jat or Muslim Jat under the newly created Backward Class ‘C’ category. The stay continues in the case. The total reservation quota in Haryana as of now has reached 67 per cent.
The Division Bench comprising Justices S S Saron and Lisa Gill Wednesday also issued a notice of motion to Maharishi Dayanand University, Rohtak, when the petitioner Murari Lal Gupta’s counsel informed the court that the survey was done by Rohtak varsity for collection of data. Meanwhile, the Haryana government concluded its arguments in the case Wednesday. Seeking vacation of court stay on grant of reservation to Jats and other five communities under backward class category, the Haryana government submitted that even the Supreme Court’s famous judgment of 1992 in “Indira Sawhney” case also does not bar reservation from exceeding 50 per cent in exceptional circumstances.
It was argued that the Tamil Nadu government has granted 69 per cent reservation to different communities in exceptional circumstances. The petitioner’s counsel would start his arguments on the next date of hearing on August 10.