High Court stay on Haryana local quota quashed

Tribune News Service

New Delhi, February 17

The Supreme Court today quashed the Punjab and Haryana High Court order staying a Haryana law providing for 75 per cent reservation to local candidates in private sector jobs in the state.

No Sufficient reasons

The impugned order dated February 3, 2022, passed by the High Court is set aside as it has not given sufficient reasons for staying the legislation. — SC Bench

“The impugned order dated February 3, 2022, passed by the High Court is set aside as it has not given sufficient reasons for staying the legislation,” said a Bench led by Justice LN Rao.

“Courts are reluctant to pass interim orders staying legislations. Stay of legislation can only be when the court is of the opinion that it is manifestly unjust or glaringly unconstitutional,” it noted. The Bench directed the Haryana Government not to take any coercive steps against the employers and made it clear that the law would be applicable prospectively.

Refusing to get into the merits of the case, it requested the HC to decide the matter expeditiously within four weeks and asked the parties to appear in the HC on February 22 for fixing the schedule of hearing. The parties should not seek adjournments, it added. The order came on Haryana Government’s petition challenging the HC order staying the Haryana State Employment of Local Candidates Act, 2020.

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. Various industry associations from Faridabad, Gurugram and other places have challenged it in the HC.

On behalf of Haryana Government, Solicitor General Tushar Mehta said the HC order was contrary to the law laid down by the SC. No reasons was given by the HC while staying the law, he pointed out.

Senior advocates Dushyant Dave and Shyam Divan, representing industrial associations, said over 48,000 companies registered in Haryana would face immense hardship as these wouldn’t be able to employ people from outside the state.

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

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