HC Upholds Validity of Haryana Jat Quota, but Stays its Implementation

HC Upholds Validity of Haryana Jat Quota, but Stays its Implementation

NEW DELHI: The Punjab and Haryana High Court on Friday upheld the Constitutional validity of the Haryana Backward Classes Act 2016, providing reservation to Jat and five other communities under newly created BC (C) category, ANI reported.

However, the Court referred the petition on the Jat reservation to the National Commission for Backward Classes, which will have to submit its report by March 31, 2018.

Till then, the reservation to Jat and five other communities will remain on hold.

Meanwhile, the Commission can also submit any objections and suggestions regarding the data by November 30.

On March 6, 2017, a division bench headed by Justice S S Saron had reserved the verdict after a marathon hearing of the arguments by Haryana government defending the act and the petitioners questioning its legal validity.

The Haryana state assembly had unanimously passed The Haryana Backward Classes (reservation in services and admission in educational institutions) Bill 2016 on March 29, 2016. The government then notified the Act in its official gazette on May 12, 2016. The new Act provided reservation to Jat and five other communities -Jat Sikh, Mulla JatMuslim Jat, Bishnoi, Ror and Tyagi -under a newly carved backward class (C) category.These communities would be entitled to get 10% reservation in government services and admission in educational institutions.

However, on May 26, 2016, a division bench of the HC had stayed the reservation to these communities after hearing a public interest litigation (PIL) challenging the constitutional validity of schedule-III (block-C) of The Haryana Backward Classes (reservation in services and admission in educational in stitutions) Act 2016.

The petition was filed by Murari Lal Gupta, a resident of Bhiwani district.

The petitioner had sought directions to set-aside the bill for being against the law laid down by the Supreme Court in Indira Sawhney case. According to the petitioner, with the passing of new bill, the reservation has reached around 70% but according to the law laid down by apex court, the (reservation) limit could not exceed beyond 50 per cent.

Haryana government, however, had argued that in view of geographical and cultural diversity in the country, it is not necessary that there be uniformity in the reservation policies.