Haryana domicile quota law: Supreme Court seeks to enlarge scope of hearing

Satya Prakash
New Delhi, February 11

Seeking to enlarge the scope of hearing on a Haryana law providing for 75 per cent quota to local people in private sector jobs, the Supreme Court on Friday asked the Solicitor General if it should hear all such matters pending in various high courts together.

The question was posed by a Bench led by Justice LN Rao during the hearing on the Haryana Government’s petition against the Punjab and Haryana High Court’s order staying the state’s domicile quota law.

Pointing out that similar laws have been passed in Andhra Pradesh and Jharkhand and they have been challenged in the high courts, the Bench asked Solicitor General Tushar Mehta to verify it and gather the details.

“If the matters are pending before other high courts, we can hear the larger issue after calling for the papers from high courts, you can inform us,” the Bench said, deferring the hearing to Monday.

Mehta argued that a law has been stayed by the high court without any reasoned order after a 90-second hearing. Only a handful of people were opposed to the Act, he added.

While senior advocate Dushyant Dave, representing one of the parties, said this issue required consideration by the top court, senior advocate Mukul Rohatgi said he would consult his clients.

The Punjab and Haryana High Court had on February 3 stayed the Haryana State Employment of Local Candidates Act, 2020, and admitted a petition challenging its validity. The high court’s order had come on a petition filed by various industries associations from Faridabad, Gurugram and other places.

Notified in November last year, the law provides for 75 per cent reservation for local youth in private sector jobs that offer a monthly salary of less than Rs 30,000 from January 15, 2022.

The petitioners before the HC contended that the Act under challenge was against the provisions of the Constitution and went against the basic principle of meritocracy that acted as the foundation for businesses to grow and remain competitive.

The Haryana government wanted to create reservations in the private sector by introducing the policy of ‘Sons of Soil’, which was an infringement of the constitutional rights of the employers, they submitted.

The petitioners contended that private-sector jobs were purely based on the skills and analytical blend of mind of the employees who were citizens of India having constitutional rights on the basis of their education to work in any part of India.