SC’s status quo on HC ruling upholding Haryana Jat quota

New Delhi, March 26

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The Supreme Court on Monday ordered status quo on the operation of the Punjab and Haryana High Court verdict upholding the constitutional validity of a law providing for 10 per cent reservation to Jats and five other castes in Haryana.

On behalf of petitioner Satvir Singh Saini and others, senior advocate K Sultan Singh told the court that the Backward Classes Commission will submit its report on the percentage of quota by March 31, following which the Haryana Government can implement the order. 

Opposing the Haryana Backward Classes Act 2016, the petitioners sought a stay on the HC’s September 1, 2017,  order upholding the constitutional validity of the Act.

While ordering status quo till further order, a Bench of Justices J Chelameswar and Sanjay Kishan Kaul said that it will hear the matter next week.

In February 2016, Haryana had witnessed violent protests by the Jat community demanding reservation in jobs and educational institutions. The agitation had left many dead and injured.

The Haryana Assembly had unanimously passed The Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Bill 2016 on March 29, 2016.  The law was notified in the official gazette on May 12, 2016. 

It provides for 10 per cent reservation to Jats and five other castes, including Jat Sikh, Bishnoi and Tyagi, in government services and admission in educational institutions.  They have been put under a newly-carved out backward class category.

The Act was challenged before the High Court, that had initially stayed the reservation to these communities after hearing a PIL challenging the constitutional validity of Schedule-III (Block-C) of The Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act 2016.

The PIL had sought directions to set aside the Bill for being against the law laid down by the apex court in the Indira Sawhney case. With the passing of the new Bill, the reservation has reached around 70 per cent, but according to the law laid down by apex court, the quota limit could not exceed beyond 50 per cent. But on September 1, 2017, the HC upheld the validity of the Act. — TNS