Punjab and Haryana High Court puts Haryana on notice on plea against quota : The Tribune India

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Punjab and Haryana High Court puts Haryana on notice on plea against quota

Bench fixes October 22 as next date of hearing in the matter

Punjab and Haryana High Court puts Haryana on notice on plea against quota

Photo for representational purpose only. Tribune file



Tribune News Service

Saurabh Malik

Chandigarh, May 16

The Punjab and Haryana High Court on Thursday put the State of Haryana on notice on a petition challenging the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act 2016.

Among other things, the Bench was told that the “Act exceeds the ceiling of 50 per cent reservation”. Directions were also sought to Haryana and another respondent to stay the implementation of reservation beyond 50 per cent.

Taking up the petition by the Youth for Equality and other petitioners, the Bench of Acting Chief Justice Gurmeet Singh Sandhawalia and Justice Lapita Banerji also fixed October 22 as the next date of hearing in the matter.

The organisation through counsel Ashok Sharma Nabhewala and Gauri Sharma contended that the petition was filed in public interest to declare the Act “ultra vires to the provisions of Article 15 and 16 of the Constitution” and also against the judgment passed in case of `Indira Sawhney versus the Union of India and others’ followed several other judgments by the Supreme Court and the high courts.

“Various Constitution Benches of the Supreme Court while interpreting the provisions of Constitution of India have held that the percentage of reservation cannot exceed 50… Wherever the State governments have exceeded the percentage ceiling limit in the matter of reservation, the high courts and the Supreme Court have interfered and struck down the percentage reservation beyond 50 per cent and in some cases have stayed the implementation of reservation beyond 50 per cent,” Nabhewala contended.

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