Reconsider reservation for weaker sections: HC to state

CHANDIGARH:Making it clear that the Supreme Court has not ordered stay though the issue of amendment to Article 15 and 16 of the Constitution on economic reservation in jobs and education is pending before it, the Punjab and Haryana High Court has asked Haryana to reconsider providing the benefit to weaker sections.

Saurabh Malik

Tribune News Service

Chandigarh, May 25

Making it clear that the Supreme Court has not ordered stay though the issue of amendment to Article 15 and 16 of the Constitution on economic reservation in jobs and education is pending before it, the Punjab and Haryana High Court has asked Haryana to reconsider providing the benefit to weaker sections.

“As no stay has been imposed by the Supreme Court, the government can examine this issue,” the Bench has ruled. The assertion by Justice Ritu Bahri of the High Court came on a petition against Haryana and other respondents by Sikander through counsel Dalbir Singh. He was seeking direction to the state government and other respondents to provide reservation in accordance with a notification dated February 25 for providing benefit to weaker sections of society.

As the case came up for hearing before Justice Bahri, Haryana Advocate General BR Mahajan and Deputy Advocate General Palika Monga stated that the issue regarding reservation for economically backward class candidates was pending consideration before a Division Bench of the High Court and the filling of posts under the economically backward persons in general category had been stayed vide an order dated December 7, 2017.

The Bench was told that the issue regarding amendment to Article 15 and 16 of the Constitution vide an amendment dated January 12 was pending consideration before the Supreme Court. Keeping in view the facts, reservation had not been made or mentioned in an advertisement dated March 8 for filling certain posts either for economically weaker sections or economically backward class category candidates.

“The court is of the view that reservation should have been provided as per a notification dated February 25,” the Bench added, while fixing the case for August 20. The Constitution (103rd Amendment) Act, 2019, was passed by Parliament and came into force on January 12.

The Centre, under the amended Act, had provided for 10 per cent reservation to citizens from general category belonging to economically weaker sections of society, in addition to already existing reservation policy for benefit of other reserved categories such as Scheduled Caste, Scheduled Tribe, Other Backward Class and physically handicapped.

Case for quota

The Constitution (103rd Amendment) Act provides for 10 per cent reservation to citizens from general category belonging to economically weaker sections, in addition to reservation policy
The petitioner has sought directions to state government and other respondents to provide reservation in accordance with a notification dated February 25 for providing benefit to weaker sections