High Court stays Jat reservation in Haryana

Tribune News Service

Chandigarh, May 26

Less than 10 days after the constitutional validity of the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act providing reservation to Jats and four other communities in Haryana was brought under the judicial scanner, the Punjab and Haryana High Court on Thursday stayed its operation. The interim order was passed by the Bench headed by Justice SS Saron.  

A petition challenging the constitutional validity of the Act initially came up for hearing before the Bench headed by Justice Mahesh Grover of the High Court. But taking up the matter, the Bench observed that the issues raised by the petitioner were required to be decided by the PIL Bench.

A challenge to the reservation provisions was thrown by Murari Lal Gupta of Bhiwani. He sought directions for quashing the Block C of the Act providing reservation to Jats under a newly carved BC (C) category. The petitioner submitted that the reservation to Jats was provided under the new Act on the basis of the Justice KC Gupta commission report, which the Supreme Court had quashed.

(Follow The Tribune on Facebook; and Twitter @thetribunechd)

Petitioner’s counsel Mukesh Verma said providing reservation on the basis of the Justice Gupta commission report would amount to revision of a judicial order, which could not be done by the legislature. He asserted that only judiciary could revise the findings of an issue already decided in a judicial order.

He submitted that in 2014 also, the state government had introduced a Bill to include Jats in the list of Other Backward Classes for reservation in job and educational institutes. But, the Supreme Court in case of Ram Singh and others versus the Union of India had held that Jats were not backward socially, educationally and politically.